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Judgment
Rajiv Narain Raina, J
The petitioner has approached this Court for payment of maternity benefit claiming under the Maternity Benefit Act, 1961.
The petitioner was appointed on contractual basis as Information -cum- Office -cum- Library Manager in Sarva Shiksha Abhiyan (SSA) vide
appointment letter dated 10.01.2013. The contractual period was extended w.e.f. 21.01.2014 to 20.01.2015 vide office order dated 14.08.2014 (Annex
P-2). On 29.11.2014, the petitioner applied for maternity leave w.e.f. 01.12.2014 to 28.02.2015. However, by order dated 01.01.2015, the petitioner
was sanctioned maternity leave with pay only for a period of 50 days w.e.f. 01.12.2014 to 20.01.2015 i.e. up-till the last date of contract period.
Meaning thereby, the request was allowed co-terminus with the expiry of the period of contract. However, the Doctor advised her rest since the birth
was by caesarean section. On 20.01.2015, the petitioner applied for extending the maternity leave w.e.f. 21.01.2015 to 29.05.2015 (totaling six
months). Meanwhile, the contract period of the petitioner along with other employees was further extended up to 30.06.2015. After availing maternity
leave for six months, the petitioner joined her services on 29.05.2015. The contract period was further extended to 31.03.2016 and the petitioner
continued in service without any break till date. In this background, the petitioner claims unpaid salary for the period of maternity leave.
On 31.07.2015, the District Project Coordinator, Sirsa forwarded the case of the petitioner for necessary sanction on request for maternity leave
absence period w.e.f. 01.12.2014 to 20.01.2015 and w.e.f. 21.01.2015 to 29.05.2015, but the same has not been accepted or acted upon. Thereafter,
the Principal, Government Senior Secondary School, Madhosinghana, Sirsa had sent the salary arrears bill in respect of maternity leave period of the
petitioner to the Block Elementary Education Officer, Sirsa, but no action has been taken thereon. Hence, is brought the present petition for directions.
During the course of hearing, it is pointed out that the petitioner is not in service anymore as there is no extension of contract of sevice beyond
08.06.2016.
I have heard learned counsel for the parties at considerable length and perused the record carefully. Mr. Lalit Rishi, learned counsel for the petitioner,
relies on the decision of the Supreme Court in Municipal Corporation of Delhi Vs. Female Workers (Muster Roll) & another, (2000) 3 SCC 22,4
wherein Female Workers (Muster Roll) have been allowed the benefit of maternity leave by the Supreme Court in deference to valuable rights under
the maternity benefit law. The Supreme Court observed that India is a signatory to various International covenants and treaties. The Universal
Declaration of Human Rights adopted by the United Nations on 10.12.1948 setting in motion the universal thinking that human rights are supreme
which are to be preserved at all costs. On 18.12.1979, the United Nations adopted the “Convention on the Elimination of all forms of discrimination
against womenâ€. The Supreme Court referred to Article 11 of the Convention and engrafted it into the law of the land and the directions of the
Supreme Court have been ordered to be read into the contract of services for employees to immediately become entitled to all the benefits conceived
under the Maternity Benefit Act, 1961.
On the other hand, the prayer is opposed by the learned counsel representing respondent No.2 referring to the instructions of the Haryana
Government dated 04.08.2014. A clause is pointed out there in which prescribe that maternity benefit is available for a period of six months or till the
expiry of contract. I do not think how this argument helps the respondent when once the right to maternity benefit is admitted for six months, then it
should not be curtailed by the expiry of the period of contract, or which of the two may be earlier. The contention is not sustainable when extensions
were granted by the SSA without break till June 2016, while the period claimed is restricted from 01.12.2014 to 20.01.2015 and w.e.f. 21.01.2015 to
29.05.2015.
In view thereof and keeping in view the letter and spirit of the order in Female Workers (Muster Roll) case, the instant petition is allowed. The
respondents are directed to disburse the benefit of salary to the petitioner for the period claimed within a period of two months from the date of
receiving of certified copy of this order.