BABITA Vs. STATE OF HARYANA AND OTHERS

JUDGEMENT

(1.) Petitioner-Babita who was working on the post of Computer Operation Programming Assistant on contract basis, made an application seeking maternity leave for her third child, which was duly accepted, vide order dated 11.12.2017 issued by respondent No. 2 and the maternity leave was sanctioned to the petitioner w.e.f 09.10.2017 to 06.04.2018. But vide impugned letter dated 09.01.2018 and 12.02.2018, the maternity leave already granted to the petitioner was cancelled on the basis of letter dated 04.08.2014.

(2.) The petitioner earlier also filed CWP No. 3070 of 2018 challenging the letter dated 09.01.2018 vide which her maternity leave was cancelled. This petition was ordered to be dismissed as withdrawn on 12.02.2018 as learned State counsel informed the Court that order dated 12.02.2018 rejecting the claim of the petitioner has already been passed and the same has been conveyed to the petitioner. Hence the present writ petition has been filed challenging both the letter i.e 09.01.2018 and 12.02.2018.

(3.) On notice, a reply has been filed by learned State counsel stating therein that the benefit of maternity leave with pay to the birth of children beyond the second child is extended to the regular employees and not the contractual women employees and thus, the instructions dated 20.05.2016 and 30.08.2017 is not applicable in the case of the petitioner, who is working on contract basis. The benefit of maternity leave to contractual employees is governed by the instructions dated 04.08.2014 (Annexure R-1). As per these instruction, the benefit of maternity leave to contractual employees is available up to 2 children and not beyond 2 children.