JYOTI SETIA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) The petitioner was appointed as a Punjabi Mistress under the National Medium Education Abhiyan, on 19.07.2010 and is working as such on a contractual basis. The petitioner applied for Maternity Leave and it was granted for a period of 90 days only which is to end on 21.07.2013. It has been pleaded that the petitioner gave birth to a female child on 22.04.2013. Learned counsel for the petitioner submits that on account of the health condition of the child and as per doctor's advise the petitioner submitted an application dated 01.07.2013 (Annexure P-5) for an extension in the Maternity Leave for a further period of 90 days.

(2.) The grievance of the petitioner is that till date no final decision has been taken on the application dated 01.07.2013 (Annexure P-5) and the initial Maternity Leave of 90 days granted to her would expire on 21.7.2013.

(3.) Learned counsel would place reliance upon Rule 8.137-A of the Punjab Civil Services Rules to contend that the petitioner was vested with a right to be granted Maternity Leave of 180 days. That apart, reliance has also been placed upon a judgment dated 16.5.2013 rendered in CWP No. 5142 of 2013 titled as Reena Singla Vs. State of Punjab and others (Annexure P-7), whereby teachers appointed under the Sarv Shiksha Abhiyan Authority have been held entitled to the benefits of Maternity Leave as admissible under the Punjab Civil Services Rules, Vol. I, Part-I.