COMMISSIONER TAMBARAM MUNICIPALITY TAMBARAM Vs. K GEETHA

JUDGEMENT

(1.) The first respondent was employed on daily wages in the Revenue Department from 01.04.1992 to 1995. She was employed as Section Writer in Tambaram Municipality on daily wage basis from September 1995 to 31.12.1997 under LCS/NRY Scheme. Thereafter, she applied for the maternity leave and after completing the maternity leave period, when she came to the office for joining duty, the appellant refused to permit her to join duty.

(2.) The case of the first respondent is that even temporary employees or daily wage employees are eligible for maternity leave, provided they should have rendered service for 80 days, prior to applying the maternity leave, as per the Government Order in G.O.125, Municipal Administration and Water Supply Department, dated 27.05.1999. The first respondent also made representations dated 23.02.2000 and 25.06.2000 seeking regularization as per the afore mentioned Government Order. The other Nominal Muster Roll (NMR) workers, who were working along with her, have got the benefit of regularization of their service. Since there was no reply forthcoming from the appellant, the respondent filed Original Application in O.A.No.6876 of 2001 before the Tamil Nadu Administrative Tribunal (hereinafter referred to as the Tribunal). After abolition of the Tribunal, the matter stood transferred to the file of this Court and got-renumbered as Writ Petition No.2921 of 2006.

(3.) After contest, the learned Single Judge allowed the writ petition, and set aside the impugned order and issued a direction to the second respondent/employer to reinstate the first respondent and regularize her services, in terms of G.O.(MS)No.125, with all monetary benefits. Aggrieved by the said order, the appellant/Municipality is before this Court.