Kerala High Court
Dr. Aiswarya Asok. K vs State Of Kerala on 23 February, 2024
1
WPC 5223/24
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE BASANT BALAJI
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 5223 OF 2024
PETITIONER/S:
DR. AISWARYA ASOK. K AGED 30 YEARS, W/O. DR. MRINAL
E.P., ERANEZHATH HOUSE, KORUMBISSERY, IRINJALAKKUDA,
THRISSUR DISTRICT (SENIOR RESIDENT, DEPARTMENT OF
PULMONARY MEDICINE, GOVERNMENT MEDICAL COLLEGE,
MANJERI), PIN - 680121
BY ADV VISHNUPRASAD NAIR
RESPONDENT/S:
1 STATE OF KERALA, REPRESENTED BY SECRETARY TO
GOVERNMENT, HEALTH AND FAMILY WELFARE (S)
DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR DIRECTORATE OF MEDICAL EDUCATION,
THIRUVANANTHAPURAM, PIN - 695011
3 THE PRINCIPAL GOVERNMENT MEDICAL COLLEGE, MANJERI,
MALAPPURAM DISTRICT, PIN - 676122
OTHER PRESENT:
SR GP SMT MARY BEENA JOSEPH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 23.02.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
2
WPC 5223/24
JUDGMENT
(Dated this the 21st day of February 2024)
The petitioner is a Post Graduate student, and a Senior
Resident at Government Medical College, Manjeri. On
completion of the course work in MD Pulmonary Medicine, she
was given a posting by the 2nd respondent as Senior Resident
by order dated 10.11.2023, and she joined on 22.11.2023. The
petitioner was pregnant at the time of joining and due to
complication with fetal growth reduction, she applied for
maternity leave from 29.11.2023 for a period of 180 days,
before the 3rd respondent (Ext.P1). Thereafter, the 3rd
respondent passed an Ext.P3 order, rejecting the request for
maternity leave.
2. The petitioner submits that, as per Ext.P5, a similar
Senior Resident working in Government T.D Medical College,
Alappuzha, has approached this Court, and by judgment in
W.P.(C) No.20698/2022 dated 20.01.2023, this Court has
quashed the rejection order and directed the respondents to
sanction the maternity leave to the petitioner therein. The
petitioner seeks similar relief from this Court.
3. It is submitted that pursuant to Ext.P5, the
Government has taken note of the fact and issued
G.O.(Rt.)No.1600/2023/H&FWD dated 04.07.2023, granting
maternity leave.
4. Therefore, the petitioner seeks a direction to the 1st
respondent to consider her leave application in Ext.P1 in tune
with Ext.P5 and the Government order dated 04.07.2023.
Having heard the counsel for the petitioner as well as the
respondents, taking into consideration that similar relief has
been granted by this Court, Exts.P3 rejection order stands
quashed. The 2nd respondent is directed to forward Ext.P1
application to the 1st respondent, who shall take into
consideration Ext.P5 judgment as well as G.O.(Rt.)
No.1600/2023/H&FWD dated 04.07.2023 and pass
appropriate orders within a period of three weeks from the date
of receipt of a copy of the judgment.
The Writ Petition is disposed of accordingly.
Sd/-
BASANT BALAJI
JUDGE
dl/
APPENDIX OF WP(C) 5223/2024
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE LEAVE APPLICATION DATED
25/11/2023 SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P2 A TRUE COPY OF THE MEDICAL CERTIFICATE DATED NIL
ISSUED BY THE CONSULTANT, OBSTETRICS &
GYNAECOLOGY, CALICUT MATERNITY CARE PVT. LTD.
Exhibit P3 A TRUE COPY OF THE ORDER BEARING NO.
DME/7257/2023-B9 DATED 9/1/2024
Exhibit P4 A TRUE COPY OF THE GOVERNMENT ORDER BEARING GO(P)
NO. 2/2021/FIN. DATED 4/1/2021
Exhibit P5 A TRUE COPY OF THE JUDGMENT DATED 20/1/2023 THUS
PASSED BY THIS HON'BLE COURT IN W.P.(C). NO.
Exhibit P6 A TRUE COPY OF THE GOVERNMENT ORDER BEARING
GO(RT) NO. 1600/2023/H&FWD DATED 4/7/2023
