Tribunals and CommissionsDivision Bench(2020) 08 CAT CK 0036

Dr. Arti Agarwal vs Govind Ballabh Pant Institute Of Postgraduate Medical Education And Research & Others

Central Administrative Tribunal · Decided on 17 August 2020

HON’BLE JUDGES
L. Narasimha Reddy, J · Aradhana Johri, Member (A)
RESULT
Disposed Of
CASE NUMBER
Original Application No. 100, 1065 Of 2020, Miscellaneous Application No. 1311 Of 2020

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Judgment

7 paragraphs · 303 words

L. Narasimha Reddy, J

1.

The applicant was appointed as a Senior Resident Pathologist in the Govind Ballabh Pant Institute of Postgraduate Medical Education and Research, the 1st respondent herein, w.e.f. 01.08.2019. She applied for Maternity Leave from 14.05.2020 onwards. Through office order dated 22.07.2020, the 1st respondent informed the applicant that she has been granted the maternity leave for 73 days from 14.05.2020 to 25.07.2020.

2.

The grievance of the applicant is that though she is entitled to be extended the maternity leave of 182 days/26 weeks, she was denied that benefit. She made representation on 05.08.2020 in this behalf.

3.

This OA is filed challenging the office order dated 22.07.2020.

4.

We heard Shri Anuj Aggarwal, learned counsel for the applicant and Ms. Esha Mazumdar, learned counsel for the respondents.

5.

The appointment of the applicant was on contractual basis. The question is as to whether she was entitled for maternity leave spilling beyond the initial period of contract needs to be examined. The respondents seem to have worked out the entitlement of the leave till the expiry of the initial contract period of one year. Though the applicant made a representation on 05.08.2020, we are sorry to mention that it is grammatically unsound, bereft of necessary facts and not made with the amount of seriousness which, the subject warranted. A medical professional as the applicant should have exhibited more amount of care and caution, particularly in matters which concerns her own personal rights.

6.

We, therefore, dispose of the OA directing that it shall be open to the applicant to make a representation, which contains relevant facts and in a printed form without any grammatical mistakes, within a period of four weeks from today. On receipt of such a representation, the respondents shall pass an order within four weeks thereafter.