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Himachal Pradesh High Court

Sapna Thakur vs State Of H.P. And Others on 12 March, 2019

Bench: Surya Kant, Sandeep Sharma

    IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA

                                                             LPA No. 86 of 2012




                                                                               .

                                                          Decided on: 12.03.2019


    Sapna Thakur                                                            ...Appellant





                                              Versus

    State of H.P. and others                                                ...Respondents


    Coram

    The Hon'ble Mr. Justice Surya Kant, Chief Justice.

    The Hon'ble Mr. Justice Sandeep Sharma, Judge.

    Whether approved for reporting?1


    For the appellant:                   Mr. Bipin C. Negi, Senior Advocate,



                                         with Mr. Nitin Thakur, Advocate.

    For the respondents:                 Mr. Ashok Sharma, Advocate General,




                                         with Ms. Ritta Goswami and Mr. Nand
                                         Lal Thakur, Additional Advocate





                                         Generals.





    Surya Kant, Chief Justice. (Oral)

This intra Court Appeal is directed against the order dated 31st March, 2011 passed by a learned Single Judge of this Court whereby the appellant has been held entitled to twelve weeks' Maternity Leave. The appellant 1 Whether reporters of the local papers may be allowed to see the judgment?

was working on contract basis at the relevant time as Vidya Upasak. On the other hand, the claim of the appellant is .

that she is entitled to avail Maternity Leave at par with regular employees, for a period of 135 days.

2. Learned counsel for the parties are ad idem that the above­stated controversy has been settled by a co­ ordinate Bench of this Court in LPAs No. 194 and 195 of 2014 (State of H.P. versus Sudesh Kumari), decided on 18 th November, 2014.

3. This Court in above­cited case has held that no discrimination can be made amongst female employees on the premise that they are working on contract, ad hoc, permanent or temporary basis and all of them are entitled to Maternity Leave at par with regular employees.

4. In the light of the above­cited decision, which is said to have attained finality, the instant Appeal is allowed;

the order of the learned Single Judge is modified and the appellant is held entitled to Maternity Leave at par with regular employees, for a period of 135 days. The ::: Downloaded on - 12/03/2019 22:02:21 :::HCHP 3 consequential benefits shall be granted to the appellant within three months. Pending miscellaneous applications, if .

any, also stand disposed of accordingly.

(Surya Kant) Chief Justice (Sandeep Sharma) Judge March 12, 2019 ( rajni ) ::: Downloaded on - 12/03/2019 22:02:21 :::HCHP