PRACHI SEN Vs. MINISTRY OF DEFENCE

JUDGEMENT

(1.) The petitioner who is working as a Senior Executive Engineer at the fourth respondent-Semi Conductor Technology and Applied Research Centre, (for short 'STARC '), is before this Court aggrieved of the communication dtd. 7/8/2021 at Annexure 'CC ', communication dtd. 27/11/2021 at Annexure 'GG ' and is seeking directions to the fourth respondent to consider her representations dtd. 6/7/2021 and 12/7/2021 for sanction of Child Care Leave with retrospective effect and to regularize the petitioner 's salary and to release the salary withheld from 24/5/2021. A prayer is also made seeking directions to the respondents to reimburse the medical bills furnished by the petitioner.

(2.) The petitioner delivered a baby girl on 19/8/2020. She has been on maternity leave from 19/8/2020 to 14/2/2021. The petitioner thereafter availed personal leave from 15/2/2021 to 26/4/2021. However, it is the contention of the petitioner that during the second wave of COVID-19 and the lockdown announced by the Government of Karnataka, the petitioner was given the benefit along with other employees, to work from home during the lockdown period. The respondent-Organisation also does not deny the fact that the petitioner 's attendance was regularized upto 23/5/2021. However, when the petitioner did not join duty after the sanctioned leave was exhausted, the impugned communication dtd. 7/8/2021 was issued to the petitioner stating that she was staying away from duty without sanction of leave and the overstay without sanction of leave would be treated as unauthorized absence. The petitioner was informed that she would not be entitled for leave salary for the unauthorized period of absence. The petitioner was also informed that disciplinary action could be initiated against her for willful absence from duty after expiry of leave period sanctioned by the Management.

(3.) The petitioner responded to the said communication while pointing out to the benefits that were required to be provided to a woman under maternity, in terms of the Maternity Benefit Act, 1961, and the two Official Memoranda dtd. 29/9/2008 and 6/5/2021 issued by the Ministry of Personnel, Public Grievances and Pensions (Department of Personnel and Training), Government of India, which provides for grant of child care leave to women employees having minor children below the age of 18 years. The petitioner had also approached the Central Administrative Tribunal at Bengaluru seeking similar relief. The fourth respondent thereafter sent one more communication dtd. 27/11/2021 noticing the fact that the application filed by the petitioner was dismissed as withdrawn, by order dtd. 16/11/2021. The petitioner was once again called upon to join 6 duties immediately and regularize the absence from 24/5/2021. Nevertheless, the petitioner has filed the instant writ petition with the prayers as noticed hereinabove.