RAKHI P.V. Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed seeking directions to the respondents to grant six months Maternity leave to the petitioners as is being granted to the State Government employees.

(2.) Petitioner in W.P.(C).No.39828/17 is a Programme Manager in Additional Skill Acquisition Programme under the Higher Education Department of the Government of Kerala. She was initially appointed on contract basis for a period of one year from 21.9.2014. The period of contract has been extended twice and the petitioner is still continuing in service. The petitioners in W.P.(C).Nos. 30561/2017 and 40564/2017 are Resource teachers working in Government Schools in the State of Kerala on contract basis. It is stated that they are working under the Inclusive Education for Disabled Secondary Stage under the Rashtriya Madhyamic Siksha Abhiyan of the MHRD. It is contended that the petitioners, who are women employees, had applied for maternity leave during the period of their employment. In W.P.(C).No.39828/2017, the petitioner was granted maternity leave of 135 days and was required to return duty on the expiry of the said period of 135 days. The petitioner contended that going by the provisions of the Kerala Service Rules (KSR) as well as the provisions of the Maternity Benefit Act, 1961, every woman employee working in any establishment is entitled to maternity leave of 180 days. It is contended that the petitioner is entitled to the said period of leave. The petitioner had been permitted to continue on leave in terms of judgment in W.A.No.2594/2017 dated 18.12.2017. In the other two writ petitions, the petitioners had sought maternity leave for 180 days, but they have been told that they are entitled maternity leave only for 12 weeks and the extension of leave cannot be considered on the basis of the orders in force.

(3.) Heard learned counsel for the petitioners and the learned Government Pleader.