Writ petition by an educated woman seeking 180 days maternity leave at par with teachers. Court disposed of the petition by order, directing that petitioner be treated as entitled to 180 days maternity leave based on an interim order.
Petitioner to be given all benefits as if she is entitled for 180 days maternity leave.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
MONDAY, THE 24TH DAY OF SEPTEMBER 2018 / 2ND ASWINA, 1940
WP(C).No. 26753 of 2018
PETITIONER :
SAREENA P. AGED 33, W/O.SAJEEV, PARAKKAL HOUSE, VETTILAPPARA P.O., AREACODE (VIA), MALAPPURAM DISTRICT, KERALA -673 639.
BY ADVS. SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001.
2 THE STATE PROJECT DIRECTOR SAMAGRA SHIKSHA ABHIYAN (SSI), SSA BHAVAN, NANDAVANAM P.O., PALAYAM, THIRUVANANTHAPURAM-695033.
SMT.G.RENJITA, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.09.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 26753 of 2018
2
JUDGMENT
The petitioner, claiming eligibility maternity leave at par with teachers in Government, approached this Court. Petitioner was granted only 90 days maternity leave. Petitioner submitted that she is entitled for 180 days maternity leave. By an interim order petitioner was continued to beyond maternity leave upto 180 days, which expires today.
2. The learned Government Pleader submitted that the
judgment of learned Single Judge referred in the Writ Petition No.30561/2017 is subject to writ appeal.
3. The learned counsel for the petitioner submitted
that the writ appeal No.1397/2018 has been dismissed.
That be so, the petitioner is entitled to continue in maternity leave upto 180 days. The writ petition is disposed of in the light of interim order. Petitioner shall be given all the benefits as if she is entitled for 180 days maternity
leave.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
WP(C).No. 26753 of 2018
3
APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 | TRUE COPY OF ORDER NO.A/895/2018/S.S.I/MALAPPURAM DATED 20.06.2018 |
|---|---|---|
| EXHIBIT | P2 | TRUE COPY OF DISCHARGE SUMMARY ISSUED IN THE NAME OF PETITIONER. |
| EXHIBIT | P3 | TRUE COPY OF REPRESENTATION DATED 21.6.2018 SUBMITTED BY THE 1ST PETITIONER. |
| EXHIBIT | P4 | TRUE COPY OF COMMUNICATION DATED 12.04.17 ISSUED BY THE MINISTRY OF LABOUR & EMPLOYMENT. |
| EXHIBIT | P5 | TRUE COPY OF CLARIFICATION ISSUED BY MINISTRY OF LABOUR & EMPLOYMENT. |
| EXHIBIT | P6 | TRUE COPY OF CIRCULAR NO.760/P4/2017- 18/R.M.S.A DATED 16.08.17 ISSUED BY 2ND RESPONDENT. |
| EXHIBIT | P7 | TRUE COPY OF ORDER NO.110/2017/GEN.E.D DATED 7.9.2017 |
| EXHIBIT | P8 | TRUE COPY OF GOVERNMENT ORDER NO.279/P4/2017/RMSA DATED 26.07.2017 |
| EXHIBIT | P9 | TRUE COPY OF JUDGMENT DATED 27.2.2018 IN WPC 30561/2017. |
| RESPOND | **ENTS' ** | EXHIBITS : NIL |
// TRUE COPY//
SKK
P.A. TO JUDGE
2 issues framed by the court
Whether the petitioner is entitled to 180 days maternity leave at par with teachers in Government.
Whether the writ petition should be disposed of in light of the interim order granting 180 days leave.
Sareena P.
The State of Kerala represented by the Secretary to Government, Education Department
The State Project Director Samagra Shiksha Abhiyan
Smt.G.Renjita
A.Muhamad Mustafa
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
