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Judgment
Vide this OA, the applicant claims 180 days' maternity leave.
At the outset, counsel for the respondents objects to the maintainability of the OA on various grounds: (i) the applicant joined Indian Army as Military
Nursing Officer, therefore, she is governed by the Indian Military Nursing Service Ordinance, 1943 and the Armed Forces Tribunal Act, 2007 is not
applicable to her; (ii) This Tribunal has no jurisdiction to entertain the present OA as Section 3(o) defines service matters and specifically provides that
it does not include matters relating to sub-clause (iii)""leave of any kind"". Maternity leave is also one type of leave and, therefore, this Tribunal cannot
entertain this OA; and (iii) There is a particular format in which the applicant is required to move application for grant of leave which she has not
submitted till date. Instead only one SMS was sent. In case the applicant applies for leave as per rules, the matter can be considered by the
Competent Authority.
Faced with this situation, counsel for the applicant seeks to withdraw this OA with liberty to approach the competent court having jurisdiction.
As such, the OA stands dismissed as withdrawn with the liberty as prayed for.
Copy of this order be given `Dasti' to the counsel for the parties.