SHIVANI Vs. STATE OF HARYANA & OTHERS

JUDGEMENT

(1.) The petitioner has approached this Court for payment of maternity benefit claiming under the Maternity Benefit Act, 1961.

(2.) The petitioner was appointed on contractual basis as Information -cum- Office -cum- Library Manager in Sarva Shiksha Abhiyan (SSA) vide appointment letter dated 10.01.2013. The contractual period was extended w.e.f. 21.01.2014 to 20.01.2015 vide office order dated 14.08.2014 (Annex P-2). On 29.11.2014, the petitioner applied for maternity leave w.e.f. 01.12.2014 to 28.02.2015. However, by order dated 01.01.2015, the petitioner was sanctioned maternity leave with pay only for a period of 50 days w.e.f. 01.12.2014 to 20.01.2015 i.e. up-till the last date of contract period. Meaning thereby, the request was allowed co-terminus with the expiry of the period of contract. However, the Doctor advised her rest since the birth was by caesarean section. On 20.01.2015, the petitioner applied for extending the maternity leave w.e.f. 21.01.2015 to 29.05.2015 (totaling six months). Meanwhile, the contract period of the petitioner along with other employees was further extended up to 30.06.2015. After availing maternity leave for six months, the petitioner joined her services on 29.05.2015. The contract period was further extended to 31.03.2016 and the petitioner continued in service without any break till date. In this background, the petitioner claims unpaid salary for the period of maternity leave.

(3.) On 31.07.2015, the District Project Coordinator, Sirsa forwarded the case of the petitioner for necessary sanction on request for maternity leave absence period w.e.f. 01.12.2014 to 20.01.2015 and w.e.f. 21.01.2015 to 29.05.2015, but the same has not been accepted or acted upon. Thereafter, the Principal, Government Senior Secondary School, Madhosinghana, Sirsa had sent the salary arrears bill in respect of maternity leave period of the petitioner to the Block Elementary Education Officer, Sirsa, but no action has been taken thereon. Hence, is brought the present petition for directions.