STATE OF H.P. Vs. SUDESH KUMARI

JUDGEMENT

(1.) Ms. Alpana writ petitioner in CWP No. 3363 of 2009 had invoked the jurisdiction of this Court for quashing Office Memorandum dated 31.7.2009, Annexure P3 and order dated 2.9.2009 Annexure P4, on the grounds taken in the memo of writ petition.

(2.) The case of the writ petitioner is that as per law and the Rules occupying the field, all the female contractual employees are entitled to maternity leave at par with the regular employees and that is why their maternity leaves were enhanced from 84 days to 135 days in terms of Annexure P3. The petitioner while working as Lecturer, on contract basis, had availed maternity leave. The leave availed by her was duly sanctioned in her favour. Subsequently, vide Office Memorandum Annexure P3, appended with the writ petition as also letter dated 2nd September, 2009 Annexure P4, it was decided to grant only 12 weeks (84 days) maternity leave to the female employees working on contract basis and earlier instructions Annexure P2 were withdrawn by the respondent. Thus, the petitioner had sought writ of certiorari for quashing Annexures P3 and P4 commanding the respondents-State to provide all the female contractual employees 135 days materiality leave to which regular employees are entitled to. It is apt to reproduce reliefs claimed in the writ petitions filed by Ms. Alpana herein:

(3.) The Writ Court, after considering the case of the petitioner, quashed the impugned order restraining the State from effecting recovery from the petitioner.