Document Fragment View
Fragment Information
Showing contexts for: regularize leave in Sushma Devi vs State Of Himachal Pradesh And Others on 4 March, 2021Matching Fragments
6. It is no longer res integra that a female contractual employee/adhoc employee is entitled to maternity leave at par with the female regular employee.
Reference in this regard can conveniently be made to the judgment rendered by the Division Bench of this Court of which one of us (Justice Tarlok Singh Chauhan) was a member in 'State of H.P. and others versus Sudesh Kumari' 2015 (1) Him. L.R.(DB) 36, wherein it was held as under:
.
10. In Ms. Sonika Kohli & Anr. vs. Union of India, 2004 3 SLJ 54 CAT, it has been held in paras 12 and 13, the relevant portion of which is quoted as under:
"12. An almost a new point of controversy has been raised with regard to the admissibility of maternity leave to female teachers. In some of the O.As. it has been prayed that the benefit of maternity leave, which has hitherto been denied by the respondent-Administration, be directed to be r extended in accordance with the rules. Mr. R.P. Bali, learned Counsel for some of the applicants urged that the action of the respondents in denying the benefit of maternity leave like other regular employees is violative of the principles enshrined in Articles 14 and 15 of the Constitution of India as it denies the benefit of beneficial provisions of law to a female teacher. Mr. N.K. Bhardwaj, learned Counsel for the Administration urged that maternity leave is not admissible to contract employees as they are not covered by the Punjab CSR Vol.1, Part-1. According to him, the benefit of maternity leave with pay is payable to permanent/regular female employees and that the Administration is justified in carving out a distinction between the regular female teachers and the teachers appointed on part time or contract basis, as is in the present case. Let us examine the respective contentions of the parties.
14. Having said so, the office memorandum dated 31.7.2009 and circular dated 2.9.2009, made by the State are quashed and all female employees whether on contract, ad hoc, permanent and temporary are held entitled to materiality leave at par with the regular employees.
15. For the reasons discussed herein above, the LPAs are dismissed along with pending applications, if any."