MANISHA PRIYADARSHINI Vs. AUROBINDO COLLEGE

JUDGEMENT

(1.) This appeal has been preferred against the judgment dated 20.08.2019, whereby the learned Single Judge has dismissed in limine, W.P.(C) 8518/2019 filed by the appellant/petitioner with the following prayers: -

(2.) The facts, as are relevant for the purposes of disposal of the present appeal, are that since 07.08.2019, the appellant/petitioner has been working as an ad-hoc Assistant Professor in different colleges affiliated with the respondent No.3/University of Delhi and finally, in the respondent No.1/Sri Aurobindo College-Evening, of which the respondent No.2 is the Principal. According to the appellant/petitioner, the routine practice adopted by the respondents No.1 & 2/College and other colleges affiliated to the respondent No.3/University was to renew the contractual appointment of ad-hoc professors every 120 days, by enforcing a notional or artificial break in service of one working day. The last renewal of the appellant/petitioner's contract was done on 19.11.2018 from 19.11.2018 to 18.03.2019.

(3.) The appellant/petitioner claims to be the Senior-most ad-hoc Assistant Professor in the Department of English in the respondents No.1 & 2/College. She states that as she was expecting her first child on 22.02.2019, she had requested the respondents No.1 & 2/College for grant of maternity leave alongwith all other eligible benefits under the Maternity Benefit Act, 1961 and had specifically sought leave from 14.01.2019 till 24.05.2019, particularly, in view of the complications of pregnancy. This request was made by her vide letter dated 04.01.2019. Since no response was received thereto, she reiterated her request on 16.01.2019, seeking permission to proceed on maternity leave from 21.01.2019 onwards.