DR. SWAPNA JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner joined for the Post Graduate Course of Diploma in Gynecology at the Medical College, Kottayam during the period from 4.5.2001 to 3.5.2003. While so, she availed of maternity leave for the period from 4.2.20002 to 3.9.2002. As a result of the leave availed of, duration of her course was extended till 9.10.2003, when the Petitioner completed the course. During the period when she underwent her course, she was entitled to be given stipend. However, stipend was not paid for the extended period. It is complaining of the above, this writ petition is filed.

(2.) Petitioner mainly relies on Ext.P1 and contends that the Director of Medical Education having ordered payment of stipend and as she completed the course within 36 months, she is entitled to be paid stipend even during the extended period of her course.

(3.) On the other hand, learned Government Pleader submits that during the period in question there was no Government order provides for payment of stipend during the extended period of her course. It is stated that even Ext.R3(b) Government order provides for payment of stipend during the extended period of the course was issued only in 2005, and therefore, according to the learned Government Pleader, she is not entitled to be paid stipend for the period from 3.5.2003 to 9.10.2003.