Madras High Court
A.Santhanamari Poornima vs The Government Of Tamil Nadu on 5 November, 2024
Author: R.Vijayakumar
Bench: R.Vijayakumar
W.P.(MD).No.19663 of 2023
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.11.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P(MD)No.19663 of 2023
and
W.M.P(MD) Nos.16247 and 21353 of 2023
A.Santhanamari Poornima ... Petitioner
Vs.
1. The Government of Tamil Nadu,
Represented by the
Principal Secretary to Government,
Health and Family Welfare Department,
Fort St, George, Chennai – 9.
2. The Mission Director,
National Health Mission – TN
No.359, Anna Salai,
DMS Annex Building,
Teynampet, Chennai – 600 006.
3. The Director of Medical and
Rural Health Services,
Teynampet, Chennai – 6.
4. The Joint Director of Health Services,
Tenkasi,
Tenkasi District.
1/7
https://www.mhc.tn.gov.in/judis
W.P.(MD).No.19663 of 2023
5. The Block Medical Officer,
Government Primary Medical Center,
Kadayam – 627 415,
Tenkasi District. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India,
praying this Court to issue a Writ of Certiorarified Mandamus, to call for the
records of the impugned proceedings passed by the first respondent in
Government letter No.48408/AA1/2021-3, Health and Family Welfare (AA1)
Department, dated 04.11.2022 and consequential proceedings passed by the
second respondent in Ref.No.1982/NHM/P7/2021, dated 02.05.2023 as well
as proceedings of the fourth respondent in Na.Ka.No.3351/A10/2023, dated
08.05.2023 and the fifth respondent's recovery proceedings in Na.Ka.No.
707/A4/2023, dated 11.05.2023 and quash the same and consequently direct
the respondents to extent the benefits of the Maternity Leave Act, 1961.
For Petitioner : Mr.K.Vamanan
For Respondents : Mr.T.Amjadkhan
Government Advocate
ORDER
The present Writ Petition has been filed by the contract Nurses working
under the National Rural Health Mission Scheme, challenging the order of
recovery which was paid towards the Maternity Leave availed by the
petitioner.
https://www.mhc.tn.gov.in/judis
2. The petitioner herein had availed maternity leave for the period
between 16.04.2021 and 31.03.2022. The petitioner was also granted all the
monetary benefits for the said period. The said benefits were conferred upon
the writ petitioner based upon the proceedings of the third respondent dated
08.02.2021. However, the first respondent by his proceedings dated
04.11.2022 had clarified that the maternity leave benefits are not applicable to
the nurses appointed on consolidated pay especially, under National Rural
Health Mission Scheme. Pursuant to the above said orders, the impugned
order was passed on 11.05.2023, by the fifth respondent herein directing the
writ petitioner to repay a sum of Rs.2,28,000/-. This order is under challenge
in the present writ petition.
3. The issue whether the nurses appointed on contractual basis under
the National Rural Health Mission Scheme are entitled to the benefits of
maternity leave or not is no longer integra. The judgment of the Hon'ble First
Bench of our High Court in W.P.No.27556 of 2018, dated 18.10.2024 (MRB
Nurses Empowerment Association Vs. the Principal Secretary, Department
of Health and Family Welfare Government of Tamil Nadu) in paragraph
https://www.mhc.tn.gov.in/judis
No.7 has held as follows:
“7. Therefore, by virtue of Section 27, the
provisions of the 1961 Act will prevail over
contractual conditions denying or offering less
favourable maternity benefits. Consequently, the
reliance by the respondents on condition 6 of the
Appointment and Posting Order to deny maternity
benefits is untenable.
All pending and fresh applications for
maternity benefits from NRHM nurses employed on
contractual basis shall be considered and disposed
of in terms of Section 5 of the 1961 Act within 3
months from the date of receipt of a copy of this
order (as regards pending applications) or 3
months from the date of receipt of fresh
applications, as the case may be, after making
adjustments, if any, towards payments made
earlier”.
https://www.mhc.tn.gov.in/judis
4. In view of the above said categorical finding of the Hon'ble Division
Bench, the orders impugned in the writ petition are set aside and this Writ
Petition stands allowed. If any excess amount has already been recovered, the
same shall be refunded to the writ petitioner, within a period of twelve weeks
from the date of receipt of a copy of this order. There shall be no order as to
costs. Consequently connected Miscellaneous Petitions stand closed.
05.11.2024
Index : Yes / No
Internet : Yes / No
ebsi
To
1. The Principal Secretary to Government,
Health and Family Welfare Department,
Fort St, George, Chennai – 9.
2. The Mission Director,
National Health Mission – TN
No.359, Anna Salai, DMS Annex Building,
Teynampet, Chennai – 600 006.
3. The Director of Medical and
Rural Health Services,
Teynampet, Chennai – 6.
https://www.mhc.tn.gov.in/judis
4. The Joint Director of Health Services,
Tenkasi,
Tenkasi District.
5. The Block Medical Officer,
Government Primary Medical Center,
Kadayam – 627 415,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
R.VIJAYAKUMAR,J.
ebsi
05.11.2024
https://www.mhc.tn.gov.in/judis
