Dr.Anupa Mary Job vs The Institute Of Integrated ...
2021 Latest Caselaw 16506 Ker

                 IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                 PRESENT
                  THE HONOURABLE MR. JUSTICE AMIT RAWAL
         THURSDAY, THE 5TH DAY OF AUGUST 2021 / 14TH SRAVANA, 1943
                          WP(C) NO. 5532 OF 2021
PETITIONER:

              DR.ANUPA MARY JOB, AGED 31 YEARS,
              D/O. JOB P.M., 'MATHOOTTY HOUSE', PALAKKAD 678 001.

              BY ADVS.
              SAJAN MANNALI
              SRI.AADITHYAN S.MANNALI


RESPONDENTS:

     1        THE INSTITUTE OF INTEGRATED MEDICAL SCIENCES,
              GOVERNMENT MEDICAL COLLEGE, YAKKARA EAST, PALAKKAD 67,
              678 013, REPRESENTED BY ITS REGISTRAR.

     2        THE REGISTRAR, GOVERNMENT MEDICAL COLLEGE,
              YAKKARA EAST, PALAKKAD 678 013.

     3        THE PRINCIPAL,GOVERNMENT MEDICAL COLLEGE,
              YAKKARA EAST, PALAKKAD 678 013.

     4        THE SPECIAL OFFICER, GOVERNMENT MEDICAL COLLEGE,
              YAKKARA EAST, PALAKKAD PLACED AT AYYANKALI BHAVAN,
              VELLAYAMBLAM, THIRUVANANTHAPURAM 695 001.

     5        STATE OF KERALA,
              REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF
              SCHEDULED CASES AND SCHEDULE TRIBES DEVELOPMENT
              DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM 695 001.


             BY ADV:

              SRI JIMMY GEORGE, GOVERNMENT PLEADER
              SRI ROBINRAJ, SPECIAL GOVERNMENT PLEADER


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.08.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 5532 OF 2021
                                  -2-

                            JUDGMENT

Petitioner is working as Assistant Professor in the

Department of Dermatology at Government Medical

College, Palakkad, after having been initially appointed as

Senior resident in 2017 on a temporary basis. She was re-

designated as Assistant Professor with effect from

24.05.2019. Petitioner, during the period 2018, was in a

family way and filed an application dated 15.05.2018 for

claiming maternity leave with effect from 16.05.2018 to

11.11.2018 for a period of 180 days. However, the

aforementioned application was replied by the Registrar of

Government Medical College that the petitioner was

appointed on a Contract basis could not be granted such

leave. The whole process continued, ultimately the

request was rejected vide Ext.P8 dated 19.02.2020.

2. Learned counsel appearing on behalf of the

petitioner submitted that the conditions of service

mentioned in the appointment letter was that of the WP(C) NO. 5532 OF 2021

Medical Education Service. The respondents cannot

discriminate amongst regularly appointed employees

including the Assistant Professors vis-a-vis temporary or

contractual employees.

3. At this stage learned Special Government

Pleader Mr.Robinraj submits that the Government has

passed an order dated 04.01.2021 by causing an

amendment in Rules of Part I of the Kerala State Rules

(KSR) effective from 27.02.2018, making the

temporary/contractual employees eligible for maternity

leave. Respondents will consider the application of the

petitioner if submitted afresh in terms of the order ibid.

4. I have heard counsel for the parties and

appraised the paper books.

5. The argument of the learned counsel for the

petitioner is fair and honest in appraising the Court of the

order dated 04.01.2021 effective from 27.02.2018 as the WP(C) NO. 5532 OF 2021

impugned order Ext.P8 is of February, 2020. At the

relevant point of time there was no such order.

6 Even otherwise in the absence of the order this

Court would not have shut it's eyes for grant of maternity

leave as it is the violation of the Article 21 of the

Constitution of India. All human beings are to be treated

at par. There cannot be discrimination amongst the

regular appointed employees and contractual/temporary

employees. Be that as it may, without commenting any

further on the aspect of the matter I quash the order

Ext.P8 dated 19.02.2020 and direct the respondents to

consider the application of the petitioner already

submitted with better particulars and take a call within a

period of 15 days from the date of receipt of the copy of

the judgment in terms of the order dated 04.01.2021.

Writ petition stands disposed of.

Sd/-

AMIT RAWAL JUDGE VV WP(C) NO. 5532 OF 2021

APPENDIX OF WP(C) 5532/2021

PETITIONER EXHIBITS

EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER BEARING ORDER NO.

GM/PKD/EB/02/2017 DATED 25.11.2017.

EXHIBIT P2 A TRUE COPY OF THE SAID GOVERNMENT ORDER G.O. (MS) NO. 33/2019/SCSTDD, DATED 3/6/2019.

EXHIBIT P3 A TRUE COPY OF THE SAID LETTER FROM THE REGISTRAR, INSTITUTE OF INTEGRATED SCIENCE (GOVERNMENT MEDICAL COLLEGE), PALAKKAD, BEARING NO.

1513/F4/2018/GMC/PKD, DATED 11.6.2018.

EXHIBIT P4 A TRUE COPY OF THE SAID ORDER OF THE REGISTRAR, BEARING ORDER NO. E4-

1513/2018/GMC/PKD, DATED 6.7.2018.

EXHIBIT P5 A TRUE COPY OF THE SAID GOVERNMENT ORDER AS PER WHICH THE PETITIONERS SERVICES IN THE 1ST RESPONDENT INSTITUTION, WAS EGULARIZED AS PER GORDEP DATED 13/5/2020.

EXHIBIT P6 A TRUE COPY OF THE SAID APPLICATION/REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE REGISTRAR, DATED 20.1.2020.

EXHIBIT P7 A TRUE COPY OF THE JUDGMENT OF THE HONBLE HIGH COURT IN WPC 22836/2018 DATED 09.07.2019.

WP(C) NO. 5532 OF 2021

EXHIBIT P8 A TRUE COPY OF THE SAID ORDER OF THE REGISTRAR, INSTITUTE OF MEDICAL SCIENCE (GOVERNMENT MEDICAL COLLEGE), PALAKKAD, BERING NO./513/E4/2018/GMT&D DATED 19.2.2020.