SHEENAM Vs. STATE OF PUNJAB AND OTHERS

JUDGEMENT

(1.) THE petitioner was appointed as a Science Mistress under the Sarv Shiksha Abhiyan Project on 28.1.2011 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 6.8.2013. It has been pleaded that the petitioner gave birth to a male child on 8.5.2013. 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 12.6.2013 (Annexure P -4) 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 12.6.2013 (Annexure P -4) and the initial Maternity Leave of 90 days granted to her would expire on 6.8.2013. 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. Learned counsel for the petitioner has been heard at length. Rule 8.137 -A of Punjab Civil Services Rules, Vol. I, Part I reads in the following terms: -

(3.) A bare reading of the rule would make it clear that the competent authority may provide to a female govt. employee Maternity Leave on full pay for a period not exceeding 180 days without the necessity of production of a Medical Certificate. Such rule clearly cannot be construed so as to vest in an employee an absolute right to claim 180 days Maternity Leave. Be that as it may, the respondent -authority/competent authority is certainly obligated to look into the claim of the petitioner, who is seeking an extended Maternity Leave of 90 days i.e. a total of 180 days under the rule itself. As per contention raised by learned counsel, the application submitted by the petitioner for grant of extension of Maternity Leave is still pending consideration and no decision thereupon has been taken till date.