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Kerala Services Rules – (Maternity Leave) - The Maternity Benefit Act,1961

Petitioner was initially appointed on contact basis for a period of one year. Period of contract was extended twice and the petitioner was continuing in service. Petitioner was granted maternity leave for 135 days and was advised to resume duties on expiry of leave period. Petitioner has contended that as per provisions of Kerala Services Rules and Maternity Benefits Act, every women employee is entitled to leave of 180 days.

The Court examined the issue whether the petitioner was entitled to leave as prayed for.

The Court held that the petitioner is admittedly working on contract basis under State Funded Projects, are entitled to only 90 days of maternity leave, cannot be countenanced, since it would amount to discrimination amongst women employees, only for the reason that they are engaged on projects on contractual capacity. The petitioner will also be entitled to maternity leave as is due to women employees under Service Rules applicable to State and  (Central Government Servants/Women employees under Maternity Benefits Act 1961. The Court while disposing of cases of Mini v. LIC of India, (1) KLT 5301, laid down law in favor of women employees working on contract basis. Respondents directed to grant 26 weeks of maternity leave to petitioners. Impugned order set aside. Writ Petition disposed of.

H.C. Ker. 2018, Rakhi P.V. & Ors. V. State of Kerala.


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