The
Karnataka High Court answers whether the Senior Doctors employed on a
contract basis are eligible for maternity leaves or not.
Facts:
Petitioner was employed as a Senior Resident in the Department of
Medicine, ESIC College and Hospital, Kalaburgi on a contract basis.
Petitioner joined services on 24.07.2018 and after 125 days of service,
she submitted a leave application for grant of maternity leaves from
26.11.2018 to 19.05.2019. Said application was rejected by respondent
no. 5 on the basis of ESIC Hqrs. Letter No. Z-11//11/2/2017-Med,
IV(CPGRAM) dated 11.01.2018.
Court’s Judgement:
As per the said memorandum in respect of Teaching and Non-Teaching
Staff they are entitled to 26 weeks of Maternity leaves, subject to the
condition that such person must have rendered at least 80 days of
service in the past 12 months preceding the date of expected delivery.
Petitioner was entitled to maternity leaves as she had sought for
maternity leaves after she had put in 80 days of service. Writ Petition
allowed.
Case details:
Case: W.P. No. 202702 of 2019 (S-RES)
Petitioner: Dr. Swetha
Respondent: Union of India & Others
Judge: Justice Nataraj Rangaswamy
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