The Court allowed a writ petition filed by a contract teacher denied maternity benefits, holding entitlement to full benefit based on a prior common judgment and directing payment within two months.
Petitioner entitled to full maternity benefit; to be paid within two months.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE
FRIDAY ,THE 01ST DAY OF FEBRUARY 2019 / 12TH MAGHA, 1940
WP(C).No. 3033 of 2019
PETITIONER/S:
ANUPAM PAUL T. AGED 29 YEARS
W/O.PRINCE T.D., THERATTIL HOUSE, CHITTISSERRY.P.O., THRISSUR DISTRICT, KERALA-680301.
BY ADVS.
SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN
RESPONDENT/S:
1 THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, PIN-695001.
2 THE STATE PROJECT DIRECTOR, SAMAGRA SHIKSHA ABHIYAN (SSA), SSA BHAVAN, NANDAVANAM.P.O., PALAYAM, THIRUVANANTHAPURAM-695033.
OTHER PRESENT:
SRGP SMT. NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WPC.3033/19
2
JUDGMENT
The petitioner availed 90 days maternity benefit while working as a Resource teacher under Samagra Shiksha Abhiyan, Thrissur at St. Joseph C.G.H.S, Karuvannur and St. Mary's H.S. Chengaloor. She was denied maternity benefit on the ground that she is a contract employee.
In the light of the common judgment of this Court in W.P.
(C).No.30561/2017 & connected cases, the petitioner is entitled for full benefit for the period she availed maternity benefit. The petitioner shall be given such benefit within a period of two months.
The writ petition is disposed of.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
WPC.3033/19
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APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT | P1 TRUE COPY OF ORDER NO.B-11/2018-19/S.S.A(2) DATED 11.6.2018. |
|---|---|
| EXHIBIT | P2 TRUE COPY OF THE ORDER NO.R.M.S.A/54/2017/ DATED 16.11.2017. |
| EXHIBIT | P3 TRUE COPY OF DISCHARGE SUMMARY DATED 31.12.17 ISSUED FROM MARIA THERESA HOSPITAL, KUZHIKKATTUSSERY. |
| EXHIBIT | P4 TRUE COPY OF APPLICATION DATED 21.12.2017 FOR LEAVE. |
| EXHIBIT | P5 TRUE COPY OF ORDER NO.279/P4/2017/RMSA DATED 26.7.2017. |
| EXHIBIT | P6 TRUE COPY OF JUDGMENT DATED 24.9.2018 IN W.A.NO.1397/2018. |
| TRUE COPY | |
| CL | P.S TO JUDGE |
1 issue framed by the court
Whether a contract employee availing maternity benefit is entitled to full benefit as per the common judgment of the Court.
Colour shows how this judgement treated each authority
W.P. (C).No.30561/2017 & connected casesRelied on¶21
ANUPAM PAUL T
THE STATE OF KERALA
THE STATE PROJECT DIRECTOR, SAMAGRA SHIKSHA ABHIYAN
A.MUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
