Telangana High Court
M.B. Padmaja, vs Government Of Andhra Pradesh, on 15 February, 2022
Bench: Satish Chandra Sharma, Abhinand Kumar Shavili
THE HON'BLE THE CHIEF JUSTICE SATISH CHANDRA SHARMA
AND
THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILI
WRIT APPEAL No.429 OF 2009
JUDGMENT: (Per the Hon'ble the Chief Justice Satish Chandra Sharma)
The present writ appeal is arising out of the order dated
28.11.2008 passed by the learned Single Judge in W.P.No.36449
of 1998.
The undisputed facts of the case reveal that the appellant
before this Court, who was serving as a Junior Lecturer in
Nrupathunga Junior College, Baghlingampally, Hyderabad, applied
for sanction of maternity leave for 120 days as applicable to
Government servants. The undisputed facts of the case make it
very clear that the college, in which the appellant is serving, was a
college receiving grant-in-aid. There is no dispute in respect of the
aforesaid fact. However, by an order dated 02.12.1998, only 90
days maternity leave was sanctioned from 01.12.1998 and she
came up before this Court stating that she is entitled for maternity
leave of 120 days as is being given to other Government servants.
The learned Single Judge has dismissed the writ petition on the
ground that the Rules governing the Government servants in the
State of Andhra Pradesh are not identical to that of the Rules
governing the employees of aided colleges and as the employees of
aided colleges are governed by different set of Rules, the question
of granting maternity leave at par with Government employees
does not arise.
This Court has carefully gone through the judgment of the
learned Single Judge. In the considered opinion of this Court,
there can be no differentiation between a Government servant
2
serving grant-in-aid institution and a Government servant serving
the State Government, so far as the issue of maternity leave is
concerned. There has to be a uniform set of rules for granting
maternity leave in respect of the entire class i.e. female employees
serving aided and un-aided institutions. Not only this, the State
Government has issued a clarification way back on 11.01.1968
and the same reveals that the provisions of the Andhra Pradesh
Leave Rules, 1933 are applicable to all of the staff employed in
aided colleges.
The notification dated 11.01.1968 is reproduced as under:-
"LEAVE RULES
PROCEEEDINGS OF THE DIRECTOR OF PUBLIC
INSTRUCTION
ANDHRA PRADESH HYDERABAD
Rc.No.212/D3/68 Dated: 11.01.1968
Sub:- COLLEGES - Aided - Staff employed in Arts, Science and
professional Colleges - Applicability of leave rules - Orders -
Issued.
Read: 1. Director's proceedings Rc.No.410-D2/59, dt 24.06.1959
2. Director's proceedings Rc.No.30-B2/67-68, dt.05.09.1967
3. Director's proceedings Rc.No.30-D3/67-68, dt.13.11.1967
The correspondents of Arts, Science and Professional
Aided Colleges in the State are informed that with effect from
01.07.1967 the Andhra Pradesh Leave Rules, 1933 applicable to
all the members of the staff employed in the Aided Colleges. The
instructions issued in para (10) under the heading "LEAVE" of the
Director's proceedings first read above are hereby cancelled.
For the information and guidance of the managements, a
summary of leave rules and the form of leave account is
communicated herewith in the Annexures. The correspondents
are requested to go through them carefully and follow them. The
leave rules should be brought to the notice of all the members of
the staff and obtain their acknowledgements and file them THEY
ARE INFORMED THAT THE STAFF BOTH TEACHING AND NON-
TEACHING COME UNDER VACATION DEPARTMENT ONLY. The
leave account should be properly and correctly maintained and
produced at the time of audit.
The receipt of this proceedings should be acknowledged
immediately.
(Sd) D. SANGAMESWARA RAO
For Director of Public Instruction.
"Forwarded by order"
(Sd)/-
Superintendent"
The State Government has also issued a Government Order
i.e., G.O.Ms.No.152 dated 04.05.2010, enhancing the maternity
leave of 120 days to 180 days to the married women employees of
the State Government, wherein a reference has been made to
G.O.Ms.No.254 dated 10.11.1995 issued by the State Government,
at the relevant point of time, enhancing the maternity leave of 90
days to 120 days to the married female Government servants,
temporary or permanent, from 90 days to 120 days.
Resultantly, the writ appeal is allowed and the order passed
by the learned Single Judge, the Memo dated 20.04.1998 as well
as the consequential proceedings dated 18.06.1998 and
02.12.1998 are set aside. The respondents are directed to grant
sanction for the entire period of 120 days as maternity leave by
passing appropriate orders, in accordance with law, within a period
of sixty days from today.
Pending miscellaneous applications, if any, shall stand
closed. There shall be no order as to costs.
________________________
SATISH CHANDRA SHARMA, CJ
_______________________
ABHINAND KUMAR SHAVILI, J
15.02.2022
JSU
