Maternity protection right can’t be infringed, says HC
K.Kaushik@timesgroup.com
Madurai:28.11.2021
Observing that the right to maternity protection cannot be infringed, the Madras high court directed the reinstatement of an anganwadi worker who was terminated from service for availing leave for more than seven months during her pregnancy.
Petitioner K R Kanimozhi, an anganwadi worker at Vadavanpatti village in Sivaganga district, had conceived twins through in-vitro fertilization (IVF) after being childless for 11 years. As doctors advised her bed rest for the entire gestation period, she submitted a leave letter during October 2013 and extended the leave periodically. She delivered in June 2014, but the authorities issued a showcause notice and subsequently terminated her from service in 2014 for absence of duty beyond six months citing a GO passed in 1995. She filed two petitions before the HC Madurai bench in 2014 challenging the termination order and seeking reinstatement with monetary benefits.
The authorities in their counter stated that she had availed of 229 days leave, which attracted termination having exceeded six months.
The judge observed that as per Rule 18(1) of the Tamil Nadu Government Fundamental Rules, the employee is entitled to take leave exceeding six months on production of medical certificate. Since the petitioner had produced a medical certificate, she is also entitled to relief under the provision. Hence, the judge set aside the termination order and directed the authorities to reinstate her in service forthwith.
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