State of Haryana and others vs Pooja Devi

Surya Kant, J.

CM No.3489-LPA of 2012

For the reasons mentioned in the application, the same is allowed subject to all just exceptions and 82 days'' delay in filing the appeal is

condoned. CM stands disposed of.

LPA No. 1313 of 2012 (O & M)

This Letters Patent Appeal is directed against the order dated 10.5.2012 passed by learned Single Judge allowing the writ petition of the

respondent and granting her the benefit of maternity leave.

The short question that arises for consideration is whether the respondent was eligible for grant of benefit of maternity leave in terms of the

Government Instructions dated 27.12.2010 and whether she is deemed to have completed three months continuous service on contract basis

before seeking benefit of maternity leave?

It is vehemently urged by Mr. R.S. Kundu, learned Additional Advocate General, Haryana, that there was a break in continuity of service of the

respondent who was re-engaged on contract basis on 1.8.2011. Since she proceeded on maternity leave on 4.9.2011, it is evident that she did not

serve continuously for a period of three months before proceeding on maternity leave.

We have considered the contention noticed above which was also raised before the learned Single Judge. We are of the view that no

interference with the order under appeal is called for. We say so for the reason that the respondent was admittedly appointed on contract basis as

a Guest Teacher on 27.12.2010. The contract expired on 15.5.2011 due to summer vacations and on expiry of summer vacations, she was re-

engaged from 1.8.2011 to 30.4.2012. Meanwhile, the respondent proceeded on maternity leave on 4.9.2011. The break in contractual service of

the respondent is not attributable to her as it was beyond the reasons under her control. It is the State''s policy not to engage Guest Teachers on

contract basis during summer vacations when educational institutions are closed. It was, thus, for all intents and purposes a notional break. The

Government policy granting the benefit of maternity leave to contractually appointed employees being a welfare policy, deserves liberal and

beneficial construction. Dismissed.