PARAMJIT KAUR Vs. STATE OF PUNJAB & OTHERS

JUDGEMENT

(1.) THE petitioner is serving as a Teacher under the Sarv Shiksha Abhiyan Authority Punjab on contractual basis since the year 2009. The petitioner had applied for maternity leave and the same was granted for a period of 90 days' on 07.03.2013. A male child was born to the petitioner on 02.05.2013. The pleaded case of the petitioner is that as per doctor's advise and keeping in view the health condition of the child, she had submitted an application dated 21.06.2013 (Annexure P -5) for the grant of further 90 days' towards maternity leave. The instant writ petition has been filed in terms of raising a grievance that till date no final order has been passed on the application dated 21.06.2013 (Annexure P -5), whereas, as per the relevant rules governing the grant of maternity leave, she is entitled to a leave of 180 days'. Counsel for the petitioner has further placed reliance upon judgment dated 16.05.2013 passed by this Court in CWP No. 5142 of 2013, whereby teachers appointed under Sarv Shiksha Abhiyan Authority have been held entitled to the grant of maternity leave under the Punjab Civil Services Rules Volume I, Part I and in that particular case, the petitioner was held entitled to 180 days' of maternity leave.

(2.) THE relevant provision as contained in Rule 8.127 (a) of the Punjab Civil Services Rules, Volume -I, Part -I, reads in the following terms:

(3.) EVEN though, the claim for grant of maternity leave cannot be construed as an absolute right but still the petitioner is certainly entitled to a fair consideration as regards such a claim. Admittedly, the petitioner was granted maternity leave for a period of 90 days' on 07.03.2013. Thereafter, she has submitted an application dated 21.06.2013 (Annexure P -5) for further leave for maternity of 90 days' i.e. a total of 180 days'. It is the categoric stand of the counsel for the petitioner that till date no final order on the application has been passed. The respondent -authorities are certainly obligated to consider the same and to take a final view on the issue.