TARU KASHYAP Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. Devak Vardhan, learned counsel for petitioner and Ms. Harsha Yadav, learned counsel for opposite parties.

(2.) Petition has been filed challenging Clause 7 of the engagement letter dated 02/3/9/2021 to the extent it denies maternity leave to female employees in the establishment. Quashing of order dtd. 3/5/2023 granting matrimonial leave to petitioner without pay has also been sought along with a direction to concerned authority to grant maternity benefit to petitioner with full wages as applicable.

(3.) It has been submitted that petitioner was initially engaged on contractual basis on the post of Special Educator vide letter dtd. 8/10/2020 on a fixed honorarium for a period of 89 days. It is submitted that subsequently upon completion of the aforesaid tenure, the petitioner was again re-engaged on the said post on contractual basis vide letter dtd. 3/9/2021, again for a period of 89 but with a new addition of Clause 7 which denied benefits of maternity leave to petitioner. It is submitted that subsequently petitioner submitted an e-mail application dtd. 20/4/2023 seeking maternity leave in terms of Sec. 10 of the Maternity Benefit Act, 1961 for a period of two weeks w.e.f. 20/4/2023 till 4/5/2023. The said application was granted partly granting leave for the aforesaid time period without pay on medical grounds.