BHAWNA CHAUDHARY Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Petitioner -Bhawna Chaudhary, who was appointed as JBT teacher on 4.1.2011, applied for maternity leave for second time, however, for the delivery of third child. The application of the petitioner was forwarded by respondent No. 4 in original to Block Education Officer, Gharaunda, who further forwarded the same to District Elementary Education Officer, Karnal, Haryana. The application of the petitioner was returned to her with an objection that she is entitled for maternity leave only for two living children. The present petition has been filed by the petitioner for quashing of letter dated 4.12.2014 (Annexure P -2), whereby, the application moved by the petitioner was returned in original with an objection that the benefit of maternity leave is admissible only for two living children.

(2.) Learned counsel for the petitioner contends that the impugned letter is totally non -speaking as the same has been passed without mentioning any provisions of Rule or law. The petitioner has availed maternity leave only once during her service and she cannot be denied the benefit for the second time. Learned counsel also submits that the case of the petitioner is squarely covered by the Division Bench judgment of this Court in Ruksana v/s. State of Haryana and others : 2011 (2) SCT 789 as well as judgment dated 15.10.2012 passed in C.W.P. No. 18515 of 2011 (Pooja Sindhu v/s. State of Haryana).

(3.) Notice of motion was issued on 19.12.2014 and in response thereto, reply on behalf of the respondent -State has already been filed.