SMITHA S. Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, who is working as HSST (Physics) in an aided School, has filed this writ petition aggrieved by Ext. P3, P6 and P7. She gave birth to three babies on 24.11.2007. She was granted maternity leave from 20.11.2007 for a period of 135 days. On joining duty, she had applied for leave again, in view of the fact that she had to take care of three babies, who were having poor health and under weight. Simultaneously she submitted Ext. P1 application for leave without allowance for a period of three years from 9.6.2008 to 8.6.2011 based on medical certificate. The reason stated for leave was "to look after three new born babies and nursing them having under weight and poor health". The Regional Deputy Director forwarded the application along with the medical certificate Ext. P2, in which it was certified that her presence was extremely necessary near the three babies with under-weight and poor health for nurturing them at least for three years. But Government by Ext. P3 order granted her leave without allowance for private affairs under Rule 88, Part I of KSR on specific condition that the leave period will not count for any service benefits including pension and the same will be recorded in the service book.

(2.) Since her presence was again required on medical grounds, petitioner submitted another application, in continuation of the leave, for another period of two years from 9.6.2011 to 8.6.2013 as per Ext. P4 along with Ext. P5 medical certificate, certifying the requirement for leave. Government issued Ext. P6 order on similar lines as in Ext. P3 again granting her leave under Rule 88, Part I of KSR on private affairs and without any service benefits.

(3.) The petitioner filed this writ petition challenging these orders pointing out that under note to Rule 102 of Part I KSR regular leave in continuation of maternity leave is admissible to a female officer on production of a certificate to the effect that new born baby requires personal attention of the mother.