PG med officer’s maternity leave during probation under scrutiny
TIMES NEWS NETWORK 23.03.2018
Chennai: Can a chunk of 180-day maternity leave taken by a medical officer on probation be treated as part of her probation period or should she serve the leave period after rejoining service post childbirth?
Though a single-judge Madras high court bench said it would violate the woman’s dignity if the state raised such questions and denied maternity leave during probation, the government has appealed to a division bench saying she obtained PG medical admission on the basis of two years service. Since she had availed herself of 180-day holiday, she had not completed her probation, government argued.
A division bench of Justice Huluvadi G Ramesh and Justice R M T Teekaa Raman, before which the appeal of director of medical education, Selection Committee and health secretary came up for hearing, issued notices and adjourned it to March 28.
The matter relates to PG admission of U Ishwarya, an MBBS holder who joined service at a primary health care centre at Sithurajapuram in Sivakasi. She delivered a girl on July 4, 2015 and went on maternity leave from July 4, 2015 to January 3, 2016.
She rejoined duty on January 4, 2016 and completed two years of government service by March 19, 2017. Keen on doing PG, she completed all formalities including NEET. She opted for DGO course in Government Kilpauk College, Chennai and allotment order was issued for her to join on May 10, 2017.
But, the deputy director of health services in Sivakasi did not relieve her saying she had not completed two years of continuous service, having taken 180 days of maternity leave.
When Ishwarya challenged it, Justice N Kirubakaran allowed it saying: “The nature does not discriminate whether the woman is approved probationer or an unapproved probationer with regard to child birth, She has to carry the child and is entitled to all the maternity benefits as that of a permanent government servant. Any discrimination or different treatment by the government by virtue of any rule denying the benefits on the ground that the candidate is not the approved probationer itself is unreasonable and violates the dignity of the women and her fundamental rights and human rights and the cancellation of PG admission is invalid.”
TIMES NEWS NETWORK 23.03.2018
Chennai: Can a chunk of 180-day maternity leave taken by a medical officer on probation be treated as part of her probation period or should she serve the leave period after rejoining service post childbirth?
Though a single-judge Madras high court bench said it would violate the woman’s dignity if the state raised such questions and denied maternity leave during probation, the government has appealed to a division bench saying she obtained PG medical admission on the basis of two years service. Since she had availed herself of 180-day holiday, she had not completed her probation, government argued.
A division bench of Justice Huluvadi G Ramesh and Justice R M T Teekaa Raman, before which the appeal of director of medical education, Selection Committee and health secretary came up for hearing, issued notices and adjourned it to March 28.
The matter relates to PG admission of U Ishwarya, an MBBS holder who joined service at a primary health care centre at Sithurajapuram in Sivakasi. She delivered a girl on July 4, 2015 and went on maternity leave from July 4, 2015 to January 3, 2016.
She rejoined duty on January 4, 2016 and completed two years of government service by March 19, 2017. Keen on doing PG, she completed all formalities including NEET. She opted for DGO course in Government Kilpauk College, Chennai and allotment order was issued for her to join on May 10, 2017.
But, the deputy director of health services in Sivakasi did not relieve her saying she had not completed two years of continuous service, having taken 180 days of maternity leave.
When Ishwarya challenged it, Justice N Kirubakaran allowed it saying: “The nature does not discriminate whether the woman is approved probationer or an unapproved probationer with regard to child birth, She has to carry the child and is entitled to all the maternity benefits as that of a permanent government servant. Any discrimination or different treatment by the government by virtue of any rule denying the benefits on the ground that the candidate is not the approved probationer itself is unreasonable and violates the dignity of the women and her fundamental rights and human rights and the cancellation of PG admission is invalid.”
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