Maternity Leave Period To Be Counted As Part Of Bond Period: Madras High Court
The Madras Excessive Courtroom noticed that the maternity interval shall be counted as a part of the bond service. Subsequently, the interval spent throughout maternity depart could be taken as interval served to the Authorities of Tamil Nadu as a part of bond.
The Appellant signed a bond for a sum of Rs.40.00 lakhs with an endeavor that she would serve the Authorities of Tamil Nadu for a interval not lower than two years on the time of taking admission in MS (Normal Surgical procedure) at
The Division Bench of Justice G.R. Swaminathan And Justice Okay. Rajasekar noticed, “Maternity depart is integral to maternity profit and kinds a side of Article 21. The appellant little doubt just isn’t a authorities worker. She is simply obliged to render bond service to the Authorities of Tamil Nadu for a interval of two years. However an everyday State authorities worker is entitled to avail maternity depart for twelve months as per the amended Service Guidelines. We’re of the view that the appellant can be entitled to the exact same therapy relevant to any authorities worker. The truth that the appellant was solely within the service of the federal government with out being an everyday worker is irrelevant. When the basic proper of the appellant is concerned, she is entitled to the protecting umbrella of not solely Article 21 but additionally Article 14.”
Advocate U. Venkatesh represented the Appellant, whereas Advocates C. Venkatesh Kumar and A.S. Vaigunth represented the Respondents.
Case Transient
The Appellant took admission in Thanjavur Medical School within the tutorial 12 months 2016-17 and as per the prospectus of admission she signed a bond for a sum of Rs.40.00 lakhs with an endeavor that she would serve the Authorities of Tamil Nadu for a interval not lower than two years. Moreover, she submitted her unique instructional certificates to the involved Medical School.
The Appellant was appointed as Assistant Surgeon at Thittagudi Authorities Hospital in 2019 and served for a interval of twelve months. Nonetheless, she went on maternity depart put up her being pregnant.
Earlier, an order was handed within the Writ Petition observing that the Appellant had solely accomplished twelve months of service within the hospital and twelve extra months of service is remaining to be accomplished as per the endeavor. Thus, aggrieved by the stated order the current Writ Enchantment was filed.
Courtroom’s Evaluation
Justice G.R. Swaminathan was of the opinion that the ability of lien could be exercised solely over marketable commodities. An academic certificates just isn’t a marketable commodity and therefore can’t be retained or withheld for no matter purpose.
Nonetheless, the Courtroom determined the problem on one other floor: whether or not the interval of maternity depart could be construed as bond service is not res integra.
The Courtroom held that the Appellant have to be taken to have served the Authorities of Tamil Nadu even throughout her maternity interval. In different phrases, the maternity interval of twelve months must be counted as a part of the bond interval.
“That is all of the extra so as a result of the Hon’ble Supreme Courtroom had declared that any girl has a elementary proper to the advantages arising out of her state of affairs of maternity. Maternity depart is integral to maternity profit and kinds a side of Article 21.”, the Courtroom stated.
The Courtroom directed the Respondents to return Appellant’s unique certificates.
Accordingly, the Writ Enchantment was allowed.
Trigger Title: Dr.E.Krithikaa V. The State of Tamil Nadu & Ors
