SWORNALATA DASH Vs. STATE OF ODISHA

JUDGEMENT

(1.) The Petitioner was appointed as an Asst. Teacher (CBZ) against an existing vacancy vide order darted 19/12/1997 in the Practicing Girls' High School, Fakirpur in the district of Keonjhar. The said school was declared as an Aided Educational Institution w.e.f. 1/6/1994. The Institution was declared eligible to receive grant-in-aid to the extent of 100% of salary cost in respect of teaching and nonteaching staff as per the provisions of Orissa Education (Payment of Grant-In-Aid to High Schools/Upper Primary Schools) Order, 1994 (for short GIA Order, 2004). Be it noted that the Petitioner was duly approved by the competent authority and she received grant-in-aid in the shape of block grant as per Orissa Education (Payment of Grant-In-Aid to High Schools/Upper Primary Schools) Order, 1994 (for short GIA Order, 1994). On 17/6/2013 she applied for maternity leave from 17/6/2013 to 13/12/2013 for her first issue. She delivered a female child on 20/8/2013 and thereafter remained on leave till 13/12/2013. She joined in her duties by submitting joining report and fitness certificate before the Headmaster of the School on 14/12/2013, which was accepted. She then applied for sanction of maternity leave for the aforementioned period but the same was refused by the District Education Officer (DEO), Keonjhar. On an application being filed by the Petitioner under the R.T.I Act, the D.E.O informed that no leave rule is applicable in respect of employees of the School and hence sanction of maternity leave could not be considered. Feeling aggrieved, the Petitioner has approached this Court seeking the following relief;

(2.) The District Education Officer, Keonjhar (Opposite Party No.3) has filed a counter affidavit, inter alia, taking the stand that the G.I.A Order, 1994 is silent about the sanction of maternity leave or any kind of leave except casual leave for 15 days under the relevant provisions of Odisha Leave Rules, 1966 and Odisha Service Code in favour of the Petitioner and employees of Block Grant High Schools. The GIA Order, 1994 was repealed by Odisha GIA Order, 2013 vide Notification dtd. 10/6/2013. Accordingly, the Petitioner's services were approved and she was allowed to receive block grant w.e.f. 1/4/2013. It is further stated that the GIA Order, 2013 is also silent about sanction of maternity leave and the Odisha Education Recruitment and Conditions of Service and Staff of Aided Educational Institutions Rules, 1974 is also silent about such leave. The provisions of Odisha Service Code relating to maternity leave is applicable only to regular Government servants but not the employees of Block Grant High Schools. It was thus, contended that there was no rule, or provision or policy of the Government for sanctioning maternity leave to female employees appointed in Block Grant High Schools.

(3.) Heard Mr. S.S. Pratap, learned counsel for the Petitioner and Mr. S. Pattnaik, learned Addl. Government Advocate for the State.