SEEMA SHARMA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard Mr. Dharmendra Barthwal, learned counsel for the petitioner and Mr. B.S. Parihar, learned Standing Counsel for the State Government and, with their consent, the Writ Petition is disposed of at the stage of admission.

(2.) The petitioner has invoked the jurisdiction of this Court seeking a writ of mandamus directing the fourth respondent to grant benefit of salary to her w.e.f. 18/7/2018 as per the provisions of the Maternity Benefit Act, 1961; and a mandamus directing the respondents to forthwith permit her to join as Senior Resident, Anesthesia Department in the respondent-Medical College, and to pay her salary upto date.

(3.) The petitioner was initially appointed, on a contractual basis, for a period of one year from 27/7/2017 to 26/7/2018. The contract provided for extension for a maximum period of two more years. Even before the first year of contract was to come to an end, the petitioner sought maternity leave, as she was pregnant, on 17/7/2018. It is her case that she was granted merely nine days' maternity leave, resulting in her inability to join duty thereafter in view of her advanced pregnancy. She is said to have delivered a baby on 21/9/2018, and thereafter to have requested the officials concerned to permit her to join duty; and for grant of maternity leave for the period prior to and after delivery.