High Court Kerala High Court

E.K. Sony vs Associate Director Of Research on 16 July, 2008

Kerala High Court
E.K. Sony vs Associate Director Of Research on 16 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 15422 of 2008(J)


1. E.K. SONY,
                      ...  Petitioner

                        Vs



1. ASSOCIATE DIRECTOR OF RESEARCH,
                       ...       Respondent

2. REGISTRAR,

3. ADMINISTRATIVE OFFICER,

                For Petitioner  :SRI.G.G.MANOJ

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :16/07/2008

 O R D E R
                              K.T.SANKARAN, J.
                      --------------------------------------------
                      W.P.(C) NO. 15422 OF 2008 J
                      --------------------------------------------
                       Dated this the 16th July, 2008

                                  JUDGMENT

As per Ext.P1 dated 29.9.2006, the petitioner was selected for

appointment as Senior Research Fellow (Contractual) on a consolidated

salary of Rs.7,000/- per month during the period of project or on

termination of the post whichever is earlier. The petitioner states that

while working as Senior Research Fellow at the Regional Agricultural

Station, Ambalavayal, she applied for maternity leave with effect from

23.4.2007. It is stated that on the expiration of the maternity leave of 135

days, the petitioner reported for duty on 5.9.2007. The allegation is that

the petitioner was not allowed to rejoin duty. Ext.P2 representation was

submitted by the petitioner on 7.9.2007 to the Registrar of the University.

Ext.P3 order of termination dated 13.8.2007 was issued by the Kerala

Agricultural University, terminating the service of the petitioner. In Ext.P3

it is stated that maternity leave would be available only if the employees’

have completed more than one year of service in the post, as per

Appendix VIII of Part I of the Kerala Service Rules. On the ground that

the petitioner failed to rejoin duty within the stipulated time, her service

was terminated. Ext.P3 is challenged in this Writ Petition. There is also a

prayer for the issue of a writ of mandamus or any other appropriate writ,

direction or order, commanding the respondents to take back the

petitioner into service as Senior Research Fellow.

W.P.(C) NO.15422 OF 2008 J

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2. The engagement of the petitioner was contractual. It was liable

to be terminated in the manner indicated in Ext.P1. On the ground that

the petitioner failed to rejoin duty within the stipulated time, Ext.P3 order

was issued.

3. In the statement filed by the respondents, termination of the

service of the petitioner is justified and it is stated that she is not even

entitled to get maternity leave. The case of the petitioner that she

rejoined duty after 135 days of availing maternity leave is denied by the

University. No material is placed before Court to come to a conclusion

that the case put forward by the petitioner is liable to be accepted. I do

not find any ground to interfere with Ext.P3 order.

4. Learned counsel for the petitioner submitted that the petitioner

is entitled to get at least the benefit of maternity leave. The Standing

Counsel for the University submitted that the maternity leave was not, in

fact, granted, since she had not completed one year of service as

provided in the Kerala Service Rules. The statement deals with

elaborately the grounds on which the petitioner is not entitled to get

maternity leave.

5. On an over all consideration of the facts and circumstances of

W.P.(C) NO.15422 OF 2008 J

:: 3 ::

the case, I am of the view that the question whether the petitioner should

be granted the benefit of maternity leave is a matter to be considered by

the University. The petitioner would be free to make a detailed

representation to the University. The University shall consider the

representation favourably and pass appropriate orders in that regard. It is

made clear that this case need not be treated as a precedent by the

University and that appropriate orders could be passed in the peculiar

facts and circumstances of the case. If the petitioner makes a

representation within a period of two weeks from today, the University

shall dispose of the same within a period of one month thereafter.

Petitioner submits that she waives the right to be heard in the matter.

The Writ Petition is disposed of as above.

(K.T.SANKARAN)
Judge

ahz/