NEETA KUMARI Vs. UNION OF INDIA

JUDGEMENT

(1.) Questioning the failure on the part of the respondent no. 2 to allow maternity leave with pay to the petitioner for 180 days, the present writ petition has been filed. The petitioner was appointed as an Executive Intern at the Reserve Bank of India (hereinafter referred to as the 'Bank') on contractual basis for a period of 3 years on 16/8/2011.

(2.) In course of her employment with the bank, the petitioner having conceived had applied for maternity leave vide letter dtd. 20/11/2012, for 6 months, with effect from 3/12/2012 as she was advised bed rest by the doctor, and her expected due date was sometimes in the first part of January, 2013. Although, there are no contemporaneous communication rejecting the petitioner's application for maternity leave, however, subsequently by a letter in writing dtd. 14/3/2013, the petitioner was informed that she is not entitled to maternity leave as per the terms of the contract, however, her absence from duty may be treated as leave without compensation. Notwithstanding the aforesaid, she would be entitled to medical benefits as available to the junior most officers in the Bank.

(3.) By reasons of rejection of the petitioner's application for grant of maternity leave, the petitioner had demanded justice through her learned advocate's letter, which was responded to by the respondent bank by its communication dtd. 13/6/2013 wherein it was, inter alia, contended that as per the contract of appointment the petitioner is not entitled to maternity leave. However, since, an Executive Intern is eligible for reimbursement of medical expenses as per schedule applicable to the junior most officers of the Bank, the petitioner would be eligible for reimbursement of medical expenses, on submission of relevant bills after reporting back to the Bank.