REENA SINGLA Vs. STATE OF PUNJAB

JUDGEMENT

(1.) Petitioner, who is a Teacher, was appointed under Sarav Sikhiya Abhiyan Authority (hereinafter referred to as 'SSA Authority'), Punjab on contract basis on 28.01.2011 (Annexure P-1) by the Director General School Education-cum-State Project Director, Sarav Sikhiya Abhiyan Authority, Punjab-respondent No. 2. After fulfilling the requisite conditions and formalities as per the appointment letter, she joined at Government School Ghuman Kalan, District Bathinda on 15.02.2011. She was transferred to Government Senior Secondary School Gaggarpur-Eilpur, Tehsil Sunam, District Sangrur and joined on 02.08.2011. Petitioner was further transferred to Government Senior Secondary School Dirba, Tehsil Sunam, District Sangrur where she joined on 23.11.2012 and continues as such. She is working on annual contract basis and her contract is being extended by the respondents on yearly basis.

(2.) Petitioner, prior to her joining as a Teacher under the SSA Authority, Punjab, was a mother of a female child. During her service, she became pregnant and delivery was expected in first week of December, 2012. She applied for maternity leave and was granted the same for 90 days which ended on 02.03.2013. She gave birth to a male child on 05.12.2012. The son of the petitioner was not keeping well and was admitted in hospital on 08.12.2012 and was discharged on 11.12.2012. At the time of discharge, the doctor advised breast feeding to the child for at least six months. Much prior to the date of expiry of her maternity leave, she sent application dated 06.02.2013 (Annexure P-4) to respondents No. 2 and 3 vide registered post to grant her maternity leave up to 180 days in view of Rule 8.137-A of Punjab Civil Services Rules Volume-I Part-I.

(3.) Reliance was also placed upon the circular dated 19.10.2012 (Annexure P-5) issued by the Director Education Department (Secondary Education), Punjab, which dealt with entitlement of different kinds of leave to the employees appointed on contract basis.