Resource teacher petitioned for maternity leave benefits. Court granted entitlement to full benefits as per Rakhi judgment, directing grant within two months.
Grant full benefit for maternity leave within a period of two months without any delay.
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
WEDNESDAY,THE 06TH DAY OF FEBRUARY 2019 / 17TH MAGHA, 1940
WP(C).No. 3507 of 2019
PETITIONER:
ANUGRAHA.P.J, AGED 31 YEARS W/O ARUN ANTONY, MEKKATTKULAM HOUSE, OLLUKKARA P.O.THRISSUR DISTRICT, KERALA-680 655
BY ADVS.
SRI.M.R.VENUGOPAL SMT.DHANYA P.ASHOKAN SMT.RANJANA V.
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 (SSA), SSA BHAVAN, NANDAVANAM P.O.PALAYAM, THIRUVANANTHAPURAM-695 033.
SENIOR GOVERNMENT PLEADER SRI. NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 3507 of 2019
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JUDGMENT
Petitioner is a resource teacher under Sarva Shiksha
Abhiyan. She was granted only 67 days of maternity leave. In the light of the judgment of this Court in Rakhi .P.V and Others Vs. State of Kerala and Another [2018 (2) KHC 251], in WA No. 1397 of 2018, she would be entitled for such benefit as applicable to regular employees. Having noted that the petitioner has availed only 67 days, the petitioner shall be given full benefit for the same without any delay within a period of two months.
The writ petition is disposed of as above.
Sd/-
A.MUHAMED MUSTAQUE
JUDGE
SVP
WP(C).No. 3507 of 2019
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF ORDER NO B-11/201819/S.S.A (2) DATED 11.6.2018 EXHIBIT P2 TRUE COPY OF THE ORDER NO NO RM SA/54/2017 DATED 16.11.2017
EXHIBIT P3 TRUE COPY OF DISCHARGE SUMMARY DATED NIL ISSUED FORM WEST FORT HI-TECH HOSPITAL LTD, PUNKUNNAM
EXHIBIT P4 TRUE COPY OF APPLICATION DATED NIL FOR LEAVE EXHIBIT P5 TRUE COPY OF REPRESENTATION DATED 27.3.3018 SUBMITTED BY THE PETITIONER EXHIBIT P6 TRUE COPY OF ORDER NO 279/P4/2017/RMSA DATED 26.7.2017 EXHIBIT P7 TRUE COPY JUDGMENT DATED 2.9.2018 IN WA NO 1397/2018
2 issues framed by the court
Whether a resource teacher under Sarva Shiksha Abhiyan entitled to maternity benefits equivalent to regular employees as per Rakhi judgment.
Whether petitioner to be granted full maternity benefit leave within two months without delay.
Colour shows how this judgement treated each authority
Rakhi .P.V and Others Vs. State of Kerala and AnotherExplained¶18
Rakhi .P.V and Others Vs. State of Kerala and Another [2018 (2) KHC 251]
ANUGRAHA.P.J
THE STATE OF KERALA
THE STATE PROJECT DIRECTOR, SAMAGRA SHIKSHA ABHIYAN
AMUHAMED MUSTAQUE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
AMUHAMED MUSTAQUE
Parties & counsel
