IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE V.G.ARUN
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 3043 OF 2022
PETITIONER/S:
DEEPIKA RANI
AGED 29 YEARS
D/O.DIVAKARANA NADAR, AJITHA BHAVAN,
KALLUVETTANKUZHY, CHITHARA P.O., KADAKKAL,
KOTTARAKKARA, KOLLAM-691 559
BY ADV A.S.SHAMMY RAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
HEALTH, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR,
DIRECTORATE OF AYURVEDIC MEDICINE, AROGYA
BHAVAN, M.G ROAD, THIRUVANANTHAPURAM-695 N001
3 DISTRICT MEDICAL OFFICER (D.M.O.)
(AYURVEDIC MEDICINE), OFFICE OF THE D.M.O..,
THIRUVANANTHAPURAM, AROGYA BHAVAN, M.G ROAD,
THIRUVANANTHAPURAM-695 001
4 MEDICAL OFFICER,
GOVERNMENT AYURVEDIC HOSPITAL, PALODE,
KARIMANCODE P.O., NEDUMANGAD,
THIRUVANANTHAPURAM-695 562
OTHER PRESENT:
GP VENUGOPAL V.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
21.03.2022, THE COURT ON 29.04.2022, DELIVERED THE FOLLOWING:
W.P.(C) No.3043 OF 2022
-2-
JUDGMENT
Dated this the 29th day of April, 2022 The petitioner had worked as Panchakarma Therapist at the Government Ayurvedic Hospital, Palode for different spells of 179 days from 2.04.2016 onwards. During last spell from 02.07.2020 to 28.03.2021, from 17.09.2020 onwards, the petitioner had to discontinue her job as she was in an advanced stage of pregnancy. This writ petition is filed seeking reinstatement to the post in which the petitioner was working as on 16.09.2020 and to approve her maternity leave for 180 days from 17.09.2020 and disburse full pay and salary to the petitioner for the said period. The petitioner's claim is primarily based on Ext.P7 Government Order, Ext.P10 judgment and the decisions in Jeslin Jose A v. Cochin Port Trust and another [2019(2) KHC 797] W.P.(C) No.3043 OF 2022 -3- and Leema Kuruvila v State of Kerala [2019 (2) KHC 879].
2. As per Ext.P7 order, the Government had extended the benefit of maternity leave of full pay as per Rule 100, Part I KSR up to a period of 180 days, irrespective of the tenure of contract, but subject to the condition that the application for leave is supported by a certificate from the Medical Officer. In Jeslin Jose, this Court has held that a woman engaged on contract basis and even on daily wages is entitled to maternity leave with full pay. In Leema Kuruvila, the benefit of maternity leave is extended to a woman employed on daily wages for more than one year. The facts involved in W.P.(C) No.10206 of 2021 (Ext.P10) would show that the petitioner's application for maternity leave was turned down and her service itself terminated on the ground of unauthorised absence. By Ext.P10 W.P.(C) No.3043 OF 2022 -4- judgment, this Court set aside the impugned orders and directed reinstatement of the petitioner therein forthwith and directed reconsideration of her request afresh.
3. The facts of the instant case is totally different from the cited decisions and Ext.P10 judgment. Herein, the petitioner had discontinued her service with effect from 17.09.2020. Even the petitioner does not have a case that she had sought maternity leave prior to discontinuance of service. Even the request for reinstatement is seen filed on 21.01.2021. Having thus voluntarily discontinued her service, without seeking leave or alerting the superior authorities, the petitioner cannot aspire to be reinstated or claim wages for the period during which she had not worked. Ext.P7 order also will not come to the petitioner's aid, as it is specifically stated therein that grant of maternity leave is subject to the condition that W.P.(C) No.3043 OF 2022 -5- the application for leave is supported by a certificate from the Medical Officer.
In the result, the writ petition is dismissed.
Sd/-
V.G.ARUN JUDGE Scl/ W.P.(C) No.3043 OF 2022 -6- APPENDIX OF WP(C) 3043/2022 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 4.4.2017 ISSUED BY THE 4TH RESPONDENT, FOR THE PERIOD FROM 2.4.2016 TO 28.3.2017 Exhibit P2 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 27.3.2018 ISSUED BY THE 4TH RESPONDENT, FOR THE PERIOD FROM 22.4.2017 TO 27.3.2018 Exhibit P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 26.4.2021 ISSUED BY THE 4TH RESPONDENT, FOR THE PERIOD FROM 3.4.2018 TO 25.3.2019 Exhibit P4 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 26.4.2021 ISSUED BY THE 4TH RESPONDENT, FOR THE PERIOD FROM 2.4.2019 TO 28.3.2020 Exhibit P5 TRUE COPY OF THE DELIVERY DISCHARGE SUMMARY DATED (NIL) ISSUED BY THE MEDICAL OFFICER, GOVERNMENT HOSPITAL, KOLLAM Exhibit P6 TRUE COPY OF THE MATERNITY BENEFIT CERTIFICATE DATED 24.9.2020 ISSUED BY THE MEDICAL OFFICER, GOVERNMENT HOSPITAL ,KOLLAM Exhibit P7 TRUE COPY OF THE ORDER NO.G.O(P) NO.2/2021/FIN DATED 4.1.2021 ISSUED BY THE 1ST RESPONDENT Exhibit P8 TRUE COPY OF THE APPLICATION DATED 29.1.2021 SUBMITTED BEFORE THE 4TH RESPONDENT Exhibit P9 TRUE COPY OF THE JUDGMENT DATED 26.7.2021 IN WPC NO.10206/2021 OF THIS HON'BLE COURT RESPONDENT EXHIBITS Exhibit R2(A) TRUE COPY OF THE PROCEEDING NO.C1-
8147/2016 DATED 23.09.2016 Exhibit R2(B) TRUE COPY OF THE PROCEEDING No.C1-
4499/2017 DATED 02.04.2018 W.P.(C) No.3043 OF 2022 -7- Exhibit R2(C) TRUE COPY OF THE PROCEEDING No.C1-
2891/2018 DATED 2.4.2018 Exhibit R2(D) TRUE COPY OF THE PROCEEDING No.C1-
3192/2019 DATED 1.4.2019 Exhibit R2(E) TRUE COPY OF THE PROCEEDING No.C1-
3192/2019 DATED 1.06.2019 Exhibit R2(F) TRUE COPY OF THE PROCEEDING No.C1-
2779/2020 DATED 30.3.2020 Exhibit R2(G) TRUE COPY OF THE PROCEEDING No.C1-
2779/2020 DATED 30.06.2020 Exhibit R2(H) TRUE COPY OF THE AGREEMENT EXECUTED BY THE PETITIONER Exhibit R2(I) TRUE COPY OF THE COMMUNICATION NO.A2/277/2021/AYUSH DATED 27.12.2021