Deepika Rani vs State Of Kerala

V.G.Arun, J

The petitioner had worked as Panchakarma Therapist at the Government Ayurvedic Hospital, Palode for different spells of 179 days from 2.04.2016 onwards. During last spell from 02.07.2020 to 28.03.2021, from 17.09.2020 onwards, the petitioner had to discontinue her job as she was in an advanced stage of pregnancy. This writ petition is filed seeking reinstatement to the post in which the petitioner was working as on 16.09.2020 and to approve her maternity leave for 180 days from 17.09.2020 and disburse full pay and salary to the petitioner for the said period. The petitioner's claim is primarily based on Ext.P7 Government Order, Ext.P10 judgment and the decisions in Jeslin Jose A v. Cochin  Port  Trust  and  another  [2019(2)  KHC  797] and Leema Kuruvila v State of Kerala [2019 (2) KHC 879].

As per Ext.P7 order, the Government had extended the benefit of maternity leave of full pay as per Rule 100, Part I KSR up to a period of 180 days, irrespective of the tenure of contract, but subject to the condition that the application for leave is supported by a certificate from the Medical Officer. In Jeslin Jose, this Court has held that a woman engaged on contract basis and even on daily wages is entitled to maternity leave with full pay. In Leema Kuruvila, the benefit of maternity leave is extended to a woman employed on daily wages for more than one year. The facts involved in W.P.(C) No.10206 of 2021 (Ext.P10) would show that the petitioner's application for maternity leave was turned down and her service itself terminated on the ground of unauthorised absence. By Ext.P10 judgment, this Court set aside the impugned orders and directed reinstatement of the petitioner therein forthwith and directed reconsideration of her request afresh.

The facts of the instant case is totally different from the cited decisions and Ext.P10 judgment. Herein, the petitioner had discontinued her service with effect from 17.09.2020. Even the petitioner does not have a case that she had sought maternity leave prior to discontinuance of service. Even the request for reinstatement is seen filed on 21.01.2021. Having thus voluntarily discontinued her service, without seeking leave or alerting the superior authorities, the petitioner cannot aspire to be reinstated or claim wages for the period during which she had not worked. Ext.P7 order also will not come to the petitioner's aid, as it is specifically stated therein that grant of maternity leave is subject to the condition that the application for leave is supported by a certificate from the Medical Officer.

In the result, the writ petition is dismissed.