C. VIDYA MURTHY, W/O. SRI HARISH MURTHY Vs. BANGALORE METRO RAIL CORPORATION LTD., (A JOINT VENTURE OF GOVT. OF INDIA AND GOVT. OF KARNATAKA), HAVING ITS REGISTERED OFFICE AT BMTC COMPLEX, 3RD FLOOR, SHANTHINAGAR, BANGALORE - 560027, REPRESENTED

JUDGEMENT

(1.) IN response to an application dated 07.12.2006 and the interview by the Selection Committee held on 07.07.2007, the Bangalore Metro Rail Corporation Limited, offered appointment to the petitioner for the post of Manager (Finance), purely on contract basis, for a period of three years, in the scale of pay of Rs. 7500 -250 - 12000/ - , with a basic pay of Rs. 7,500/ - and fringe benefits/allowances, stipulating the terms and conditions of appointment. Petitioner accepted the offer of appointment and joined duty in the respondent -Corporation on 31.08.2007. The petitioner was placed in -charge of establishment, computation, preparation of pay bills, settlement of perquisites, passing of traveling and medical claim bills etc.,

(2.) AROUND June 2008, the petitioner became pregnant. Between 27.06.2008 and 10.11.2008, the petitioner absented from duty for 106 days and worked for 53 days only. On 06.12.2008, the petitioner applied for maternity leave of 180 days, stating that she is running 7th month of her pregnancy and produced a medical certificate, certifying that the expected date of delivery as 21.03.2009. On 17.12.2008, the respondent directed the petitioner to handover the charge and the files. Petitioner was notified that, till the date of handing over the charge, the absence will be treated as leave without allowance and she was directed to handover office mobile handset and other BMRCL assets, if any, held by her. The petitioner handed over the charge on 22.12.2008. Since the maternity leave applied was not sanctioned, petitioner got issued a legal notice on 05.01.2009, for sanction of maternity leave of 180 days and for extending the legitimate benefits. The petitioner delivered twins on 28.01.2009. The respondent issued an office order on 28.01.2009, regularizing the period of absence of the petitioner, taking note of the period of absence on health grounds, on different dates, between 27.06.2008 and 10.11.2008. The respondent sent a reply dated 20.02.2009 and invoked Clause 27 of the terms and conditions of the appointment order and terminated the contract with the petitioner, by giving one month's notice. This writ petition was filed on 16.03.2009, to quash the reply/communication, as at Annexure -K, terminating the contract and the office order dated 28.01.2009, as at Annexure -J, treating the period of absence as leave without allowances and to direct the respondent to sanction maternity leave from 06.12.2008 and disburse the pay and allowances for the period of maternity leave and for consequential benefits, including permitting her to resume duty after the expiry of maternity leave or as per the medical advice.

(3.) SRI D. Leelakrishnan, learned counsel appearing for the petitioner, contended as follows: