MRS. SAVITA AHUJA Vs. STATE OF HARYANA THROUGH THE COMMISSIONER & SECRETARY TO GOVERNMENT OF HARYANA, EDUCATION DEPARTMENT, CHADIGARH AND OTHERS

JUDGEMENT

(1.) THE Petitioner possessed educational qualifications of M. A B. Lib & B. Ed She was appointed as a Junior librarian on ad hoc basis in Sub Divisional Library under the control of Respondent No. 3 through the agency of local employment exchange on 24.12.1986. The post against which she was so appointed is a temporary one and according to the Petitioner sanction for its continuance has been granted by the government till 28.2.1988. In the letter of appointment, Annexure P1 it was made clear that the appointment of the Petitioner shall be on purely temporary basis for a period of six months or till any regular candidate joins whichever event occurs earlier. The Petitioner got herself medically examined from the Chief Medical Officer, Ambala who did not discover that she has any disease (communicable or otherwise) constitutional weakness or bodily infirmity except pregnancy of 10 to 12 weeks duration This was, however, considered not to be a disqualification for appointment to the post. Respondent No 3 addressed a letter dated 21.4.1987, Annexure P 2 to Director, Higher Education, Haryana, Respondent No. 2 seeking advice as to if the services of Petitioner should be continued or terminated since she is in a family. Later, Respondent No. 3, relying on a letter dated 6.5.1987 issued by Respondent No 2, terminated the services of the Petitioner vide order dated 6.5.1987 Annexure P 9. The Petitioner has averred in the present writ petition that her services have been terminated simply on account of the fact that she was in a family way. She has relied on Rule 8 (sic)137 A of the Punjab Civil Service Rubs, Volume I, Part I, as applicable to the employees of the State of Haryana and contends that in case of leave, she was entitled to grant of maternity leave on full pay for the period of confinement and that termination of her services on account of her pregnancy was illegal. She has also staked the claim that she is entitled to regularisation of her services and sought a direction to this effect to Respondents No. 1 to 3.

(2.) THE petition has been opposed by the Respondents. A written statement on their behalf has been filed by Respondent No 3 who has inter -alia contended that since the Petitioner was employed on purely temporary and ad hoc basis, she could not be granted maternity leave under Rule 8.137 -A ibid It has been further contended that the order terminating the services of the Petitioner was passed strictly in accordance with the terms and conditions of her appointment. She being purely a temporary and ad -hoc employee, her services could be terminated and as such the impugned order, Annexure P. 9 is valid. It is further submitted that according to the instructions issued by the Government of Haryana vide letter dated 10 -8 -1983, Annexure R.1 maternity leave is not admissible to female government employees appointed on ad hoc basis. Therefore, the claim made to this effect by the Petitioner is not sustainable.

(3.) THE Petitioner has relied on instructions dated 31.8.1983, Annexure P 10 issued by the State of Punjab giving clarification to the effect that the aforesaid provision of the rule is uniformly applicable to permanent and temporary Government employees. Accordingly, maternity leave may also be granted to such female government employees who have been recruited on ad -hoc basis for a limited period. No doubt these instructions further lay down that the question of grant of maternity leave to a female government employee during the first six months of the employment would not arise because women candidates for recruitment to State Service who at the time of medical examination on the first entry into government service are found to be pregnant of 12 weeks standing or over are to be declared temporarily unfit until the confinement is over. An advice was, therefore, rendered that such temporarily unfit persons should not be recruited to service even on ad -hoc basis till they are fit for duty after the confinement.