Deepika Rani vs State Of Kerala
2022 Latest Caselaw 4807 Ker

           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

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

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

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

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

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