Madras High Court
Monisha K vs The Director on 20 July, 2023
WP.No.21485 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2023
CORAM
THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR
WP.No.21485 of 2023
Monisha K .. Petitioner
Versus
1.The Director
Public Health and Preventive Medicine
Chennai – 600 006
2.The Dean
Government Vellore Medical College
Vellore – 11 .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the 2nd respondent to consider
the petitioner's request of the maternity leave from 23.07.2023 to 22.07.2024
through email dated 07.07.2023 and to pass appropriate order in accordance
with the G.O.(Ms).No.84 dated 23.08.2021, Human Resources Management
(FR-III) Department.
For Petitioner : Mr.B.Mohan
For Respondents : Mr.S.Rajesh
Government Advocate
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WP.No.21485 of 2023
ORDER
This writ petition has been filed seeking to direct the 2nd respondent to
consider the petitioner's request of the maternity leave from 23.07.2023 to
22.07.2024 through email dated 07.07.2023 and to pass appropriate order in
accordance with the G.O.(Ms).No.84 dated 23.08.2021, Human Resources
Management (FR-III) Department.
2. It is the case of the petitioner that she has completed her Post
Graduate Course in Obstetrics and Gynaecology in Stanley Medical College,
Chennai and in order to complete her bond obligation period of two years, she
had been posted at the Government Vellore Medical College vide Order dated
R.No.2745231/e7/a1/2022-83 dated 07.07.2022. Further, she has joined the
duty of Assistant Professor in the Department of Obstetrics and Gynaecology
on 22.07.2022. Since, she is a married woman, she got conceived and the
expected date of delivery of the child is 14.08.2023, hence, she had applied for
the maternity leave from 23.07.2023 to 22.07.2024 with the second
respondent, however, she has not received any communication. Hence,
according to her, she is entitled to maternity leave for a period of one year as
per G.O.(Ms).No.84, Human Resources Management (FR-III) Department
dated 23.08.2021.
3. Heard both sides and perused the materials placed on record.
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WP.No.21485 of 2023
4. It is relevant to note that the Fundamental Rules 101 (a) of Tamil
Nadu Government which deals with maternity leave to female Government
servants would read as follows:
"1. A competent authority may grant maternity leave on
full pay to permanent married women Government servants for a
period not exceeding 90 days which may spread over from the
preconfinement rest to post confinement recuperation at the
option of the Government servant . The maternity leave will not
be admissible to married women Government servants with more
than three children. Non-permanent, married women Government
servants, whether appointed in a regular capacity or under the
emergency provisions of the relevant service rules should take for
maternity purposes, the earned leave for which they may be
eligible. If however, such a Government servant is not eligible for
earned leave or if the leave to her credit is less than 180 days,
maternity leave may be granted for a period not exceeding 180
days or for the period that falls short of 180 days, as the case
may be. Non-permanent married women Government servants
employed under the emergency provisions should have completed
one year of continuous service including leave periods, if any, to
become eligible for the grant of maternity leave"
5. On perusal of the same, it would indicate that Non-permanent,
married women Government servants, whether appointed in a regular capacity
or under the emergency provisions of the relevant service rules should take for
maternity purposes, the earned leave for which they may be eligible. If
however, such a Government servant is not eligible for earned leave or if the
leave to her credit is less than 180 days, maternity leave may be granted for a
period not exceeding 180 days or for the period that falls short of 180 days, as
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WP.No.21485 of 2023
the case may be. Non-permanent married women Government servants
employed under the emergency provisions should have completed one year of
continuous service including leave periods, if any, to become eligible for the
grant of maternity leave.
6. In light of the above provisions and also the dictum laid down by the
Hon'ble Apex Court in the case of Municipal Corporation of Delhi Vs. Female
Workers (Muster-roll) and another reported in 2000 (2) LLN 3990 (SC), it was
held that the female workers even working on casual basis or on muster roll on
daily wage basis should be given maternity benefit and a women employee
cannot be compelled to undertake hard labour at the time of advanced
pregnancy.
7. Such view of the matter, the second respondent is directed to consider
the above provisions as well as the Judgment and pass appropriate orders on
merits and in accordance with law within a period of seven weeks from the
date of receipt of a copy of this Order.
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WP.No.21485 of 2023
8. Accordingly, this writ petition stands disposed of. No costs.
20.07.2023
dhk
Internet: Yes/No
Neutral Citation:Yes/No
To
1.The Director
Public Health and Preventive Medicine
Chennai – 600 006
2.The Dean
Government Vellore Medical College
Vellore – 11
N.SATHISH KUMAR, J.
https://www.mhc.tn.gov.in/judis
WP.No.21485 of 2023
dhk
W.P.No.21485 of 2023
20.07.2023
https://www.mhc.tn.gov.in/judis
