SEEMA GUPTA Vs. GURU NANAK INSTITUTE OF MANAGEMENT

JUDGEMENT

(1.) The Petitioner was appointed as commerce lecturer in response to the advertisement published in Newspaper dated 28.03.2001, by the respondent college (hereafter "the college"). She joined the College on 1st May 2001. The terms of appointment were appointment to be on probation for one year which could be extended for another one year;

(2.) It is claimed that though entitled, the petitioner was not granted summer vacation leave for two years. The petitioner was blessed with a child on 28.12.2003 and was sanctioned maternity leave for 135 days w.e.f. 29.12.2003. She had requested for maternity leave of 180 days as per the Guru Nank Dev University Rules (GNDU Rules) which, it is averred, allowed maternity leave for that period.

(3.) The Petitioner was informed that as the Central Civil Service Rules were applicable to her services the provisions of GNDU Rules were inapplicable. In the meanwhile, as per the pleadings, she was applying for extension of leave, initially sanctioned up-to May, 2004, on medical grounds. Her requests, were granted by the college, from 12-5-2004 to 11.6.04, for 31 days; later, from 12- 6-2004 to 25th June, 2004 i.e. 14 days. The college used to send her show cause notices to report back to duty. In response to the letter application dated 22.06.2004 the college informed that the petitioner was governed by the CCS Rules and not by the GNDU Rules and that as per the CCS rules she was not entitled for the maternity leave beyond 135 days. The college also directed her to rejoin forthwith, threatening disciplinary action against her.