SANGEETA KORMEL YADAV Vs. UNION OF INDIA

JUDGEMENT

(1.) Heard Mr. S. Banik, learned counsel for the petitioner and Mr. S.C. Biswas, learned counsel for the respondents.

(2.) By filing this writ petition, the petitioner has prayed for setting aside the communication dtd. 9/7/2015 (Annexure-6) and communication dtd. 10/7/2015 (Annexure-7), whereby the petitioner has been informed that maternity leave and its added benefits are admissible to only regular employees of Kendriya Vidyalaya Sangathan (KVS).

(3.) It is the case of the petitioner that she is a Master's Degree holder in Political Science and in Business Administration with specialization in Human Resources. She was appointed as a part time contract teacher in Kendriya Vidyalaya, ONGC, Sivasagar for the period w.e.f. 29/6/2012 to 28/3/2013. She was thereafter appointed again for the period w.e.f. 1/4/2013 to 28/3/2014 and subsequently for the period w.e.f. 1/4/2014 to 4/3/2015. According to the petitioner, during the second tenure of her employment, on 13/10/2013, she got married and settled down at Sivasagar itself. After her last engagement up to 4/3/2015, she delivered a baby boy on 12/4/2015 and after delivery of the baby boy, the petitioner did not apply for continuation of her service. Before that on 11/2/2015, her husband sent an application through RTI to KVS, New Delhi, asking whether contractual teachers are eligible for maternity benefits. In reply, they were informed on 10/3/2015 that maternity leave benefits are extended to permanent teachers only and not to contractual teachers. Further, reference may be made as per their terms and conditions of appointment.