RANI DEVI Vs. CHAUDHARY DEVI LAL

JUDGEMENT

(1.) IN response to the advertisement issued by the Chaudhary Devi Lal University, Sirsa (hereinafter referred to as 'the University'), the Petitioner Dr. Rani Devi applied for the post of Lecturer in the Department of Energy and Environmental Sciences. She was selected for the said post and issued appointment letter dated 22nd July, 2004 (Annexure P -l). The Petitioner submitted her joining report (Annexure P -2) to the Registrar of the University on 22nd July, 2004. The Petitioner appeared before the Civil Surgeon, Sirsa, for medical examination and, - -vide Medical Certificate dated 28th July, 2004, she was declared to be having pregnancy of 36 weeks. She worked for a week in the University after her appointment and applied for grant of casual leave from 29th July, 2004 to 28th August, 2004, - -vide application Annexure P -3. Thereafter, the Petitioner applied for maternity leave from 29th July, 2004 to 17th October, 2004, - -vide application dated 17th February, 2005 (Annexure P -5). In response to this application, the University informed the Petitioner, - -vide letter dated 5th April, 2005 (Annexure P -6) that her joining as Lecturer could be accepted only from 18th October, 2004, when she joined the University after availing maternity leave.

(2.) THE claim of the Petitioner is that since she had joined the University on 22nd July, 2004 and thereafter she proceeded on maternity leave 29th July, 2004 till 17th October, 2004, she should have been treated to join the University on 22nd July, 2004 and not 18th October, 2004 as declared by the University in its letter dated 5th April, 2005 (Annexure P -6).

(3.) LEARNED Counsel for the Petitioner has referred to Circular No. 43/14/98 -1 GS1, dated 5th April, 1999 issued by the Chief Secretary to Government, Haryana, on the subject of 'Employment of women candidates in a state of pregnancy and declared as temporarily medically fit'. As per this Circular, it is not necessary to declare a woman candidate as 'Temporarily Unfit' if she is found to be pregnant during medical examination before appointment against posts which do not prescribe any elaborate training i.e. they can be appointed straightway on the job. Obviosuly, the appointment of the Petitioner as Lecturer in the University did not require any elaborate training. Thus, in view of these clear -cut instructions of the Government of Haryana, the stand of the University that as the Petitioner was declared 'Temporarily Unfit' because of pregnancy, her joining was cancelled with effect from 22nd July, 2004, is not tenable. Accordingly, without dilating the matter any further, we hold that the Petitioner is entitled to the claim made in this petition.