The Karnataka High Court recently comprising of a bench of Justice Nataraj Rangaswamy quashed an order passed by the Joint Director, ESIC Medical College and Hospital, Kalaburagi, denying maternity leave to a doctor employed with it on contract basis. (Dr. Swetha v. Union of India)
Facts of the case
Dr Swetha was employed as a Senior Resident in the Department of Medicine, ESIC College & Hospital, Kalaburgi on a contract basis. After 125 days of service, she submitted a leave application in November 2018, seeking grant of Maternity Leave.
Relying on the office memorandum issued on January 1, 2018, she approached the court challenging denial of maternity leave by the Joint Director.
Courts Observation and Judgment
The court noted, " A reading of Annexure-F (office memorandum) discloses that in respect of Teaching and Non-Teaching Staff, they are entitled to 26 weeks of Maternity Leave, subject to the condition that such person must have rendered at least 80 days of service in the past 12 months preceding the date of expected delivery, as envisaged in the Maternal Benefit (Amendment) Act, 2017."
The court allowing the writ petition remarked, "In the present case, the application was submitted on 20.11.2018 seeking for Maternity Leave for 26 weeks which terminated on 19.05.2019 and the petitioner delivered on 24.12.2018. Therefore, the petitioner was entitled to the benefit of Maternity Leave even as per the Office Memorandum dated 11.01.2018 as by the time she had sought for Maternity Leave, she had put in 80 days of service.
This Writ Petition is allowed and the impugned order passed by respondent No.5 is quashed. The leave sought by the petitioner for the period 26.11.2018 to 19.05.2019 is granted and the same shall be considered as "on duty". The petitioner is also entitled to claim all bonuses that she is entitled to."
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