Kerala High Court
Nitha C Pankajakshan vs Cochin University Of Science And on 4 March, 2020
Author: S.V.Bhatti
Bench: S.V.Bhatti
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941
WP(C).No.2579 OF 2020(V)
PETITIONER/S:
NITHA C PANKAJAKSHAN
AGED 30 YEARS
W/O.SREEJITH C.K., ASSISTANT PROFESSOR (ON
CONTRACT), DIVISION OF COMPUTER SCIENCE AND
ENGINEERING, SCHOOL OF ENGINEERING, CUSAT,
KOCHI-682022, RESIDING AT CHETTIYANKUNNEL
HOUSE, KUREEKKAD PO, ERNAKULAM-682305.
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENT/S:
1 COCHIN UNIVERSITY OF SCIENCE AND
TECHNOLOGY(CUSAT),
REPRESENTED BY THE REGISTRAR, COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY
P.O., KOCHI-682022.
2 THE REGISTRAR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
(CUSAT), COCHIN UNIVERSITY P.O., KOCHI-682022.
3 THE VICE CHANCELLOR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
(CUSAT), COCHIN UNIVERSITY P.O., KOCHI-682022.
R1-3 BY SRI.VIPIN D.G., SC, COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.03.2020, ALONG WITH WP(C).2788/2020(W),
WP(C).2799/2020(Y), WP(C).2912/2020(L), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941
WP(C).No.2788 OF 2020(W)
PETITIONER/S:
DEEPA PAUL E.P.,
AGED 35 YEARS
ASSISTANT PROFESSOR (ON CONTRACT), DIVISION OF
COMPUTER SCIENCE AND ENGINEERING, SCHOOL OF
ENGINEERING, CUSAT, KOCHI-682022, RESIDING AT
MANDOTHIL HOUSE, KUZHIYARA P.O., CHOTTANIKKARA,
ERNAKULAM-682312.
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENT/S:
1 COCHIN UNIVERSITY OF SCIENCE AND THCHNOLOGY
(CUSAT),
REPRESENTED BY THE REGISTRAR, COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY
P.O., KOCHI-682022.
2 THE REGISTRAR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
(CUSAT), COCHIN UNIVERSITY P.O., KOCHI-682022.
3 THE VICE CHANVELLOR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
(CUSAT), COCHIN UNIVERSITY P.O., KOCHI-682022.
R1-3 BY SRI.VIPIN D.G., SC, COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
4
OTHER PRESENT:
SC SRI S P ARAVINDAKSHAN PILLAI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.03.2020, ALONG WITH WP(C).2579/2020(V),
WP(C).2799/2020(Y), WP(C).2912/2020(L), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941
WP(C).No.2799 OF 2020(Y)
PETITIONER/S:
JEENA JOHN
ASSISTANT PROFESSOR (ON CONTRACT), DIVISION OF
ELECTRICAL AND ELECTRONICS ENGINEERING, SCHOOL
OF ENGINEERING, CUSAT, KOCHI-682 022, RESIDING
AT ARANGATH HOUSE, KANIMANGALAM P.O., THRISSUR-
680 027.
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENT/S:
1 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
(CUSAT)
REPRESENTED BY THE REGISTRAR, COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY
P.O., KOCHI-682 022.
2 THE REGISTRAR, COCHIN UNIVERSITY OF SCIENCE AND
TECHNOLOGY(CUSAT),
COCHIN UNIVERSITY P.O., KOCHI-682 022.
3 THE VICE CHANCELLOR, COCHIN UNIVERSITY OF
SCIENCE AND TECHNOLOGY (CUSAT),
COCHIN UNIVERSITY P.O., KOCHI-682 022.
R1-3 BY SRI.VIPIN D.G., SC, COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
6
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.03.2020, ALONG WITH WP(C).2579/2020(V),
WP(C).2788/2020(W), WP(C).2912/2020(L), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE S.V.BHATTI
WEDNESDAY, THE 04TH DAY OF MARCH 2020 / 14TH PHALGUNA, 1941
WP(C).No.2912 OF 2020(L)
PETITIONER/S:
VANI DEVI P
ASSISTANT PROFESSOR (ON CONTRACT, DIVISION OF
ELECTRONICS AND COMMUNICATION ENGINEERING
SCHOOL OF ENGINEERING, CUSAT, KOCHI-682 022,
RESIDING AT GOWRISHANKARAN (ALUNGAL),
THRIKKARIYOOR P.O., KOTHAMANGALAM, ERNKAULAM-
686 692
BY ADVS.
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
RESPONDENT/S:
1 COCHIN UNIVERSITY OF SCIENCE AND
TECHNOLOGY(CUSAT)
REPRESENTED BY THE REGISTRAR, COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY, COCHIN UNIVERSITY
P.O.,KOCHI-682 022
2 THE REGISTRAR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
(CUSAT), COCHIN UNIVERSITY P.O.,KOCHI-682 022
3 THE VICE CHANCELLOR,
COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY
(CUSAT), COCHIN UNIVERSITY P.O.,KOCHI-682 022
4 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT,
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
8
THIRUVANANTHAPURAM-695 001
R1-3 BY SRI.VIPIN D.G., SC, COCHIN UNIVERSITY
OF SCIENCE AND TECHNOLOGY
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 04.03.2020, ALONG WITH WP(C).2579/2020(V),
WP(C).2788/2020(W), WP(C).2799/2020(Y), THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020
9
JUDGMENT
[ WP(C).2579/2020, WP(C).2788/2020, WP(C).2799/2020, WP(C).2912/2020 ] Dated this the 4th day of March 2020 Heard Adv.Thulasi K.Raj for petitioners, Adv.Vipin D.G the Standing Counsel for respondent-University.
2. Petitioners in the instant batch of writ petitions pray for extension of maternity leave benefit to them and incidentally, question denial of maternity benefit to petitioners as illegal unconstitutional etc.,
3. The circumstances in these writ petitions, by and large, are similar and the difference at best could be the dates on which respective petitioners was appointed, continued, term of expiry of contract etc. Therefore, counsel appearing WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 10 for parties have treated W.P.(C) No.2579/2020 as lead Writ Petition and made their submissions. It is further stated that by referring to the same dates, the other Writ Petitions can also be disposed of.
4. Smt.Nitha.C.Pankajakshan/petitioner in W.P.(C) No.2579/2020 prays for the following reliefs:
"i) To declare that the rule Clause 4 of part II in exhibit P8 as unconstitutional unjust,illegal and arbitrary.
ii) To strike down rule Clause 4 of part II in Exhibit P8 as unconstitutional, unjust illegal and arbitrary
iii) To issue a writ of certiorari quashing Ext.P11 as unjust, illegal and arbitrary
iv) To declare that petitioner is entitled to avail maternity leave for a period of 26 weeks from 17.01.2020 with all service benefits
v) To issue the writ of mandamus directing the 2 nd respondent to pas orders granting the maternity benefits including leave to the petitioner, for the period of 26 weeks from 17.01.2020 with all service benefits
vi) To issue such other orders directions or writs as may be prayed for and that this Hon'ble court may deem fit on the facts and circumstances of the case."
5. The case of petitioner is that on 08.06.2016, through Ext.P1, 2nd respondent appointed petitioner as Assistant Professor on contract basis in a Division of Computer Science WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 11 and Engineering, School of Engineering, for a period of one year from the date of joining in service. The admitted circumstances of the case are that the contract appointment of petitioner as Assistant Professor is extended from year to year and the latest extension is evidenced by Ext.P6. Petitioner applied for sanctioning of three months maternity leave from January, 2020. Respondents sanctioned maternity leave, but without allowance, what is commonly known as 'leave without allowance'. Hence, the writ petition for the prayers referred to above.
6. Petitioner raises several grounds including discrimination and denial of salary amounting to denial of employment granted to petitioner through contract. Petitioner places strong reliance on Ext.P10 judgment dated 27.02.2018 in W.P.(C) No.30561 of 2017 and batch. Wherein, this Court has considered the right of an employee on contract basis for sanction of maternity leave with full allowance. WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 12 Ext.P10 judgment is referred to and followed by another learned judge in Ext.P9 judgment. Ext.P9 refers to confirmation of judgment in Ext.P10 by Division Bench of this Court. Petitioner in short, by referring to these judgments prays for extending the maternity benefit which has been granted to petitioners in Exts.P9 and P10, however by another University and Department.
7. The respondents, filed statement and do not dispute the circumstances leading to the filing of Writ Petition. Very briefly stated the objections of respondents are viz.,
a) The petitioner is on contract employment.
b) The petitioner agreed to leave rules by referring to which the contract appointment has been operated between the parties.
c) The situation being singular, the University has addressed for necessary instructions/clarifications from the Government. In other words, for want of instructions WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 13 from Government, the request of petitioner is decided as per applicable leave rules. Therefore, refusal to grant maternity benefit to petitioner is justifiable.
8. The petitioner, in the writ petition itself draws to the similarity of circumstances in Exts.P9 and P10 judgments and also the legal grounds on which the present right is enforced. Respondents do not, as a matter of fact, dispute the very basis for filing the Writ Petition and the ratio laid down by this Court in Exts.P9 and P10. May be that, respondents, since have taken up correspondence with the Government, respondents have sanctioned the leave to petitioner, but without allowance. Yet another reason stated by respondents is that as a concession the period of contract is extended by corresponding period and thus monitory benefit to some extent is accommodated. The respondents pray for dismissing the writ petition.
9. After perusing the record, particularly Exts.P9 and WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 14 P10 judgments, this Court is convinced with the reasoning adopted in Ext.P10 judgment that refusal of maternity leave or sanction of maternity leave without allowance to petitioner, who is on contract employment, is unsustainable. The extension of contract for corresponding period to petitioner cannot be appreciated as providing actual benefit to a woman employee/petitioner for during extended period the petitioner works and agreed salary is paid. Therefore, from any stand point the accommodation cannot be accepted as maternity benefit extended by respondents. The maternity benefit ought to be extended for the time when it is availed by petitioner. This Court need not independently advert to other two objections raised by the respondents in the statement filed by them.
10. For the above reasons, I am convinced that the writ petition could be ordered and accordingly, writ petition is ordered by directing respondents to sanction maternity leave WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 15 to petitioner with full allowance for the period viz., three months which the petitioner has applied for.
11. For the same reasons, W.P(C) Nos.2799/2020, 2788/2020 and 2912/2020 are ordered, respondents are directed to sanction and grant maternity leave, by keeping in view what is stated in Ext.P9 and P10 judgments.
Respondents are directed to send a reminder to the State Government by enclosing copy of Exts.P9 and P10 judgments and the instant judgment within two weeks from today. The State Government looks into the clarification sought by the respondent-University and keeping in view the judgments of this Court, necessary reply is issued forthwith.
Sd/-
S.V.BHATTI JUDGE JS WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 16 APPENDIX OF WP(C) 2579/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE APPOINTMENT MEMO DATED 08.06.2016.
EXHIBIT P2 TRUE COPY OF THE AGREEMENT TO THIS EFFECT ENTERED BETWEEN THE RESPONDENT NO.2 AND THE PETITIONER ON 01.07.2016. EXHIBIT P2(A) TRUE COPY OF THE ORDER DATED 18.07.2016.
EXHIBIT P3 TRUE COPY OF VIDE THE ORDER DATED 27.07.2017.
EXHIBIT P4 TRUE COPY OF THE APPOINTMENT ORDER DATED 13.08.2018.
EXHIBIT P5 TRUE COPY OF THE AGREEMENT TO THIS EFFECT ENTERED BETWEEN THE RESPONDENT NO.2 AND THE PETITIONER ON 02.07.2018. EXHIBIT P6 TRUE COPY OF THE LETTER FROM THE REGISTRAR DATED 12.06.2019.
EXHIBIT P7 TRUE COPY OF THE APPLICATION DATED 19.12.2019.
EXHIBIT P8 TRUE COPY OF THE LEAVE RULES FOR TEACHING STAFF ON CONTRACT BASIS AT CUSAT.
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN RASITHA C.H. V STATE OF KERALA (WP(C)5507/2018) DATED 11.12.2018.
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN WP(C) 30561/2017 DATED 27.02.2018 (RAKHI P.V. V. STATE OF KERALA).
EXHIBIT P11 TRUE COPY OF THE LETTER DATED 17.01.2020.
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 17 APPENDIX OF WP(C) 2788/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 16/03/2011.
EXHIBIT P2 TRUE COPY OF THE APPOINTMENT MEMO DATED 04/10/2011.
EXHIBIT P3 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 19/07/2014.
EXHIBIT P4 TRUE COPY OF APPOINTMENT MEMO DATED 17/09/2014.
EXHIBIT P5 TRUE COPY OF THE ORDER DATED 07/11/2014.
EXHIBIT P6 TRUE COPY OF EXTENSION ORDER DATED 17/11/2015.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 03/10/2015.
EXHIBIT P8 TRUE COPY OF THE ORDER DATED 27/10/2016.
EXHIBIT P9 TRUE COPY OF THE ORDER DATED 23/12/2017.
EXHIBIT P10 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 31/05/2018.
EXHIBIT P11 TRUE COPY OF THE MEMO DATED 27/09/2012.
EXHIBIT P12 TRUE COPY OF THE ORDER DATED 23/10/2019.
EXHIBIT P13 TRUE COPY OF THE APPLICATION DATED 19/12/2019.
EXHIBIT P14 TRUE COPY OF THE LETTER DATED 17/01/2020.
EXHIBIT P15 TRUE COPY OF THE LEAVE RULES FOR WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 18 TEACHING STAFF ON CONTRACT BASIS AT CUSAT.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT IN RASITHA C.H. V STATE OF KERALA (WPC NO.5507/2018) DATED 11/12/2018.
EXHIBIT P17 TRUE COPY OF THE JUDGMENT IN WPC NO.30561/2017 DATED 27/02/2018 (RAKHI P.V. V. STATE OF KERALA) WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 19 APPENDIX OF WP(C) 2799/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 13.11.2018.
EXHIBIT P2 TRUE COPY OF THE LETTER DATED 20.12.2017.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 10.12.2019.
EXHIBIT P4 TRUE COPY OF THE ORDER DATED 22.01.2019.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 17.01.2020.
EXHIBIT P6 TRUE COPY OF THE LEAVE RULES FOR TEACHING STAFF ON CONTRACT BASIC AT CUSAT.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT IN RASITHA.C.H. V STATE OF KERALA (WPC NO.5507/2018) DATED 11.12.2018.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN WPC NO.30561/2017 DATED 27.02.2018 (RAKHI P.V. V. STATE OF KERALA).
WP(C).Nos.2579/2020,2788/2020,2799/2020 & 2912/2020 20 APPENDIX OF WP(C) 2912/2020 PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE EXPERIENCE CERTIFICATE DATED 13.09.2018 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 05.03.2014 EXHIBIT P3 TRUE COPY OF THE LETTER DATED 21.02.2015 EXHIBIT P4 TRUE COPY OF THE ORDER DATED 19.02.2016 EXHIBIT P5 TRUE COPY OF THE ORDER DATED 14.02.2017 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 07.08.2017 EXHIBIT P7 TRUE COPY OF THE ORDER DATED 26/08/2019 EXHIBIT P8 TRUE COPY OF THE APPLICATION DATED 19.12.2019 EXHIBIT P9 TRUE COPY OF THE LETTER DATED 17.1.2020 EXHIBIT P10 TRUE COPY OF THE LEAVE RULES FOR TEACHING STAFF ON CONTRACT BASIS AT CUSAT EXHIBIT P11 TRUE COPY OF THE JUDGMENT IN RASITHA C.H.v STATE OF KERALA (WP(C) 5507/2018) DATED 11.12.2018 EXHIBIT P12 TRUE COPY OF THE JUDGMENT IN RAKHI.P.V v STATE OF KERALA (WP(C) 30561/2017) DATED 27.02.2018