TASNEEM FIRDOUS Vs. STATE

JUDGEMENT

(1.) THE petitioner as "Rehbar -e -Taleem" in Middle School Yaripora of Anantnag District, applied for three months Maternity Leave on 06.07.2004 which was sanctioned only to the extent of one month without remuneration/honorarium. Aggrieved thereby, she challenges C.E.Os said order no.337 Edu of 2004 dated 16.06.2004 and seeks its quashment on the ground that it violates her constitutional, legal, and other rights. Materials appended with the memo of petition include relevant orders/certificates issued by different authorities.

(2.) IN reply, official respondents have inter alia pleaded that leave was sanctioned to petitioner in terms of Govt. order no. 337 of 2004 whereunder only 30 days maternity leave without honorarium was available to her, because she is not in regular employment of the Government, but on probation for a period of five years, after successful completion whereof, she would be entitled to claim regular appointment and thereafter only the maternity leave benefit under section 14 of J&K Civil Services (Leave) Rules 1979 would be available to her and presently she could not claim the said leave at par with regular Government employees etc. During course of arguments counsel for rival sides have reiterated the contents of their respective pleadings.

(3.) I have heard learned counsel and considered the matter. The fact that petitioner has delivered a baby on 09.06.04 in L.D. Hospital is not denied, nor that she applied for maternity leave for three months which was not allowed by concerned C.E.O who while acting under Government order no. 337 Edu of 2004 dated 16.06.2004 allowed only 30 days without any honorarium/remuneration. In admitted circumstances as such, the moot question that emerges for consideration is petitioners title to maternity leave at par with Govt. employees and the resultant validity of aforesaid Government order whereunder maternity leave of 30 days only is allowed to RTs.