RABIA KHATOON Vs. STATE OF J&K

JUDGEMENT

(1.) PETITIONER has been appointed as Medical Officer (ISM) under NRHM Scheme in the year 2008 and is posted in District Kulgam. Petitioner is continuing in service as a contractual employee.

(2.) PETITIONER on 01.10.2012 applied for grant of maternity leave in her favour. It is pleaded that the petitioner was admitted as inpatient in Sabharwal Hospital, New Delhi and delivered the child on 04.10.2012. It is further pleaded that 40 days maternity leave has been sanctioned in favour of the petitioner. The petitioner has submitted application on 12.11.2012 for extension of maternity leave. The application has been forwarded by respondent no. 4 to respondent no. 3. The respondent no. 3 has not taken any decision on the leave application of the petitioner which has constrained her to file this petition.

(3.) LEARNED counsel for the petitioner has referred to the judgment of Hon 'ble the Supreme Court delivered in case Municipal Corporation of Delhi v. Female Workers (Muster Roll) and another reported in (2000) Vol. III SCC 224. The Hon 'ble Supreme Court, while referring to the "convention on the Elimination of all Forms of Discrimination against women " has stated that Article 11 of the said Convention has to be read as part of the Service Contract of the woman employee.