Neetu Tiwari vs Govt Of Nct Of Delhi Department Of Women Child Development & Ors.

$~9 to 12
* IN THE HIGH COURT OF DELHI AT NEW DELHI
th
% Date of Decision: November 6 , 2026
# CNR No. DLHC010598022024
+ CONT.CAS(C) 1440/2024 & CM APPL. 27043/2025
NEETU TIWARI .....Petitioner
Through: Mr. Arvind Kumar Tiwary,
Adv.
Mr. Piyush Sanghi, Ms.
Khushbu Sahu, Mr. Nikhil
Singh, Ms. Sana Parveen, Mr.
Raahithya Raj Mishra, Mr.
Ashish Mishra, Mr. Jayant
Yadav, Ms. Sharmishta Solanki,
Mr. Aditya Singh & Mr. Arshiya
Goel, Advs.
versus
GOVT OF NCT OF DELHI DEPARTMENT OF
WOMEN CHILD DEVELOPMENT & ORS. .....Respondents
Through: Ms. Avni Singh, PC-GNCTD
with Mr. Vaibhav Sharma &
Ms. Sanskriti Nautiyal, Advs.
Ms. Urvi Mohan, Mr. Aakrit
Bhargava & Mr. Sumit Kumar,
Advs. for DCW
# CNR No. DLHC010265462024
+ W.P.(C) 6679/2024 & CM APPL. 27824/2024, CM APPL.
12660/2025, CM APPL. 42120/2025, CM APPL. 66150/2025,
CM APPL. 14679/2026, CM APPL. 48070/2026, CM APPL.
48082/2026
SHABNAM KHAN & ORS. .....Petitioners
Through: Mr. Piyush Sanghi, Ms.
Khushbu Sahu, Mr. Nikhil
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 1 of 10

Singh, Ms. Sana Parveen, Mr.
Raahithya Raj Mishra, Mr.
Ashish Mishra, Mr. Jayant
Yadav, Ms. Sharmishta Solanki,
Mr. Aditya Singh & Mr. Arshiya
Goel, Advs.
versus
DELHI COMMISSION FOR WOMEN
& ORS. .....Respondents
Through: Ms. Urvi Mohan, Mr. Aakrit
Bhargava & Mr. Sumit Kumar,
Advs. for DCW
# CNR No. DLHC010401362024
+ W.P.(C) 9473/2024 & CM APPL. 38921/2024
NEHA SHARMA AND ORS. .....Petitioners
Through:
versus
DELHI COMMISSION FOR WOMEN
AND ORS. .....Respondents
Through: Ms. Urvi Mohan, Mr. Aakrit
Bhargava & Mr. Sumit Kumar,
Advs. for DCW
Ms. Avni Singh, PC-GNCTD
with Mr. Vaibhav Sharma &
Ms. Sanskriti Nautiyal, Advs.
# CNR No. DLHC010933532025
+ W.P.(C) 17833/2025 & CM APPL. 73636/2025, CM APPL.
48084/2026, CM APPL. 64271/2026
SWATI VERMA & ORS. .....Petitioners
Through: Mr. Piyush Sanghi, Ms.
Khushbu Sahu, Mr. Nikhil
Singh, Ms. Sana Parveen, Mr.
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 2 of 10

Raahithya Raj Mishra, Mr.
Ashish Mishra, Mr. Jayant
Yadav, Ms. Sharmishta Solanki,
Mr. Aditya Singh & Mr. Arshiya
Goel, Advs.
versus
DELHI COMMISION FOR WOMEN & ANR. .....Respondents
Through: Ms. Urvi Mohan, Mr. Aakrit
Bhargava & Mr. Sumit Kumar,
Advs. for DCW
CORAM:
HON'BLE MR. JUSTICE AMIT MAHAJAN
O R D E R
% 06.11.2026
1. The petitioners are advocates engaged under the Rape Crisis Cell
(RCC) of the Delhi Commission for Women (DCW), who provided
legal assistance and representation to victims of sexual assault and were
posted across various District Courts in Delhi.
2. The petitioners were engaged through agencies/NGOs, namely
Pardarshita and Saraswati Education Society, on contractual basis to
serve as dedicated RCC lawyers before the respective POCSO Courts,
Fast Track Special Courts and Juvenile Justice Boards. Their contracts
were ordinarily for a period of two months and were extended from time
to time until 31.12.2024. For these services, the petitioners were paid a
monthly remuneration of Rs. 42,000/-. However, DCW stopped
releasing their contractual remuneration, despite the petitioners
continuing to discharge their duties.
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 3 of 10

3. Aggrieved by the non-payment of their dues, inadequate
remuneration and uncertainty arising from the short contractual tenure,
the petitioners submitted representations to the respondents. Having
received no favourable response, they instituted W.P. (C) No.
6679/2024 before this Court on 06.05.2024, seeking release of
outstanding remuneration along with interest, framing of rules and
regulations governing their service conditions and enhancement of their
remuneration. W.P.(C) 9473/2024 was also filed seeking similar reliefs.
4. This Court, vide order dated 09.05.2024, issued notice in W.P.(C)
6679/2024 and directed the respondents to file their replies. The Court
also observed that the petitioners' services ought not to be discontinued
merely because they had approached the Court and directed the State to
release their outstanding remuneration before the next date of hearing.
5. Despite further directions passed by this Court on 03.07.2024 and
06.08.2024, the respondents failed to release the contractual dues,
whereafter, the petitioners instituted Contempt Case (C) No.
1440/2024. During the contempt proceedings, this Court passed several
orders between 13.09.2024 and 05.12.2024 directing release of the
outstanding payments.
6. Meanwhile, on 31.12.2024, a representative of Pardarshita NGO
informed the petitioners through a WhatsApp group that their contracts,
expiring on that date, would not be extended further in the absence of
instructions from the respondents.
7. In the absence of any formal communication from the
respondents, the petitioners submitted a representation dated
06.01.2025 to the Chairperson of the DCW, seeking clarification
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 4 of 10

regarding renewal of their contracts. Upon receiving no response, they
moved an application, being CM APPL. No. 2280/2025, in W.P. (C)
No. 6679/2024. This Court, vide order dated 15.01.2025, directed
Respondent No. 1 to decide the petitioners' representation by a reasoned
and speaking order.
8. Thereafter, vide order dated 24.03.2025, in the contempt
proceedings, this Court directed the Member Secretary, DCW, to
release the petitioners' outstanding contractual dues till date within four
weeks.
9. Vide order dated 27.05.2025, in the contempt proceedings, this
Court directed the respondents to release the petitioners' emoluments
up to 31.12.2024 within two weeks and their emoluments for the period
up to 31.05.2025 within six weeks.
10. Thereafter, on 29.07.2025, DCW filed CM APPL. No.
46281/2025 in the pending contempt proceedings, seeking modification
of the order dated 27.05.2025 to the extent that it directed payment of
emoluments beyond 31.12.2024.
11. This Court, vide order dated 23.09.2025, issued notice on the
aforesaid application, subject to DCW depositing the amount
contemplated under the order dated 27.05.2025 with the Registry within
three weeks.
12. The respondents challenged the said order by filing LPA No.
642/2025, wherein the Division Bench, vide order dated 16.10.2025,
directed deposit of the amount in an interest-bearing fixed deposit
within six weeks and directed the contempt proceedings be deferred till
main petition was decided.
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 5 of 10

13. During the pendency of the aforesaid application, DCW issued
communication dated 31.07.2025 to the District Judges in Delhi,
informing them that the RCC programme stood discontinued with
effect from 01.01.2025.
14. The petitioners contend that, despite issuance of the impugned
communication dated 31.07.2025, they continued to discharge their
functions as RCC lawyers in most District Courts in Delhi and were
required by the respective Courts to assist victims of sexual assault,
including child victims and witnesses and their families. However, they
have not been paid any remuneration from January, 2025 onwards.
Accordingly, W.P.(C) 17833/2025 has been filed seeking arrears of
wages from January 2025 to October 2025 to the petitioners.
15. This Court vide order dated 07.04.2026 directed the petitioners
to file a composite representation to the respondents and directed the
DCW to take a decision as to whether they could be paid their wages.
16. The said composite representation was rejected by the DCW vide
communication dated 16.07.2026, observing that the RCC programme
had not been extended beyond 31.12.2024 and that the MOUs with the
concerned NGOs, as well as the consultancy agreements with the
petitioners, had also expired on the said date. It was further stated that
no services had been rendered by the petitioners under the directions or
aegis of the DCW after 31.12.2024 and that their subsequent
appearances before various Courts, even if established, were
unauthorised and could not constitute a basis for release of further
remuneration. Accordingly, the DCW declined to release any payment
beyond 31.12.2024.
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 6 of 10

17. The principal issue which now survives for consideration is
whether the Petitioners are entitled to remuneration for the period
commencing from 01.01.2025, notwithstanding the expiry of their
contractual engagements on 31.12.2024.
18. The stand of the DCW is that the RCC programme was not
continued beyond 31.12.2024, pursuant to the decision of the
Department of Women and Child Development, GNCTD. The DCW
has explained that its proposal for continuation of the programme was
not accepted on the ground that the legal assistance being provided
through the RCC was duplicative of the services already available
through the Delhi Police, the Courts and the Delhi State Legal Services
Authority. Consequently, the MOUs entered into with the concerned
NGOs were not renewed beyond 31.12.2024, and the consultancy
agreements executed by the NGOs with the petitioners also came to an
end. It is further the stand of the DCW that the petitioners were not its
employees, but were engaged by the NGOs as consultants, and that the
financial arrangement between the DCW and the NGOs was confined
to the period ending 31.12.2024.
19. It is pertinent to note that the petitioners were aware that their
contractual engagements were due to expire on 31.12.2024. In fact,
upon receiving information regarding non-extension of their contracts,
they submitted a representation dated 06.01.2025 seeking clarification
from the DCW regarding renewal of their engagement. They also
approached this Court seeking a direction for a decision on the said
representation. Thus, the petitioners were conscious that their
contractual arrangements had not been renewed and that no formal
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 7 of 10

extension had been communicated to them.
20. However, the mere expiry of the contractual arrangements on
31.12.2024 does not, by itself, conclude the issue which arises for
consideration. The petitioners have asserted that, in the preceding years,
their contractual engagements had frequently been extended after the
expiry of the earlier contracts. According to them, this had become the
established course of dealing between the concerned parties, and they
were, therefore, under a bona fide impression that the formal process of
renewal or extension might take place subsequently, as had happened
on earlier occasions.
21. The petitioners have specifically contended that, acting on the
aforesaid bona fide belief, they continued to appear before the
concerned Courts and provide legal assistance to victims of sexual
offences, as they had been doing under the RCC. In the peculiar facts
of the present case, where the petitioners had been discharging these
responsibilities over a period of time and where their engagements had,
in the past, been extended after the expiry of the earlier contracts, their
assertion that they continued working in anticipation of a formal
renewal cannot be said to be wholly implausible. If the petitioners did,
in fact, continued to render services during the period immediately
following the expiry of their contracts, they ought not to be denied all
remuneration.
22. In support of their assertion that they continued to appear and
render services after 31.12.2024, the petitioners have placed reliance
upon certificates issued by the concerned District Judges. Although the
Respondents have disputed the Petitioners' claim and pointed out that
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 8 of 10

their names do not find mention in the relevant order sheets,
undisputedly the certificates relied upon by the petitioners have been
issued by senior judicial officers. Such certificates constitute relevant
material in support of the petitioners' claim and cannot be disregarded
merely on the ground that their appearances may not have been
separately recorded in the order sheets.
23. However, the petitioners cannot be granted remuneration for the
entire period claimed by them, that is, till 31.10.2025. It is undisputed
that their contractual engagements were not formally extended beyond
31.12.2024 and that the RCC programme itself was discontinued
thereafter. The past practice of belated renewals may explain why the
petitioners initially continued to discharge their functions in the
expectation that their engagements would be renewed. However, such
an expectation cannot be permitted to subsist indefinitely, particularly
when the petitioners were aware of the non-extension of their contracts
and had themselves sought clarification from the DCW in this regard.
24. In the opinion of this Court, the circumstances of the present case
warrant a balance between the petitioners' bona fide expectation arising
from the past practice of belated renewals and the undisputed position
that no formal extension of their engagements was granted.
25. Having regard to the nature of the responsibilities discharged by
the petitioners, the past course of dealings between the parties and the
certificates issued by the concerned judicial officers, this Court is of the
view that the ends of justice would be met if the petitioners are granted
remuneration for the period from 01.01.2025 to 31.03.2025.
26. The respondents are permitted to withdraw the amount deposited
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 9 of 10

before this Court pursuant to order dated 23.09.2025 and disburse the
remuneration due to the petitioners for the period of 01.01.2025 till
31.03.2025 along with accrued interest within a period of 3 weeks.
27. The present petitions are disposed of in the aforesaid terms.
28. Pending applications also stand disposed of.
29. A copy of the order be placed in all the matters.
AMIT MAHAJAN, J
NOVEMBER 6, 2026
“SS”
Signature Not Verified
Signed By:HARMINDER
KAUR
Signing Date:14.11.2026
22:46:21
CONT.CAS(C) 1440/2024 and connected matters Page 10 of 10