Salary during maternity period
Sonu Goyal
(Querist) 08 May 2016
This query is : Resolved
Sir. My wife was working in session court hoshiarpur punjab as clerk on adhoc basis and joined on 18 august 2013. At joining time she was pregnant about 4 month. After that she got maternity leave from January 15 to 15 march 2014 she joined her duty after maternity leave on 16 march 2014during this the department have not released her salary.can we get the salary of the said period od maternity leave.if yes then how. Please help me. We hive application for credit the salary of same period but nor reponse have been received.
Kumar Doab
(Expert) 08 May 2016
Do you have copy of service rules and more so Maternity Benefit Rules applicable to her e.g: Maternity Benefit Act?
Sonu Goyal
(Querist) 08 May 2016
Yes i read punjab civil service rules maternity benifit act
Sonu Goyal
(Querist) 08 May 2016
Yes i read punjab civil service rules maternity benifit act. Any employee although she is on regular. Adhoc or contract employees she will get maternity benefits you can check it from internet from punjab civil service rules matternity leave rules
Rajendra K Goyal
(Expert) 08 May 2016
Have you proof of her leave submission?
Have she claimed the pay in writing?
Sonu Goyal
(Querist) 08 May 2016
Yes she claimed in written
Sudhir Kumar, Advocate
(Expert) 08 May 2016
Maternity benefits Act does not apply to Govt servants. Maternity leave of Govt servant is governed by the leave rules of the Center/State Govt or PSU in which she is employed.
Under the given circumstances the leave salary could not have been denied as the Maternity leave is not governed by any minimum qualifying service.
In case she has submitted a well drafted representation in writing the case can be file din High Court if there is no State Administrative Tribunal.
Sudhir Kumar, Advocate
(Expert) 08 May 2016
just consult if any separate leave rules exist for ad-hoc employee.
if there is no such rules the irrespective of service matter this can be represented to SWC/CWC being a female specific harassment.
Kumar Doab
(Expert) 09 May 2016
You have not posted the link to the said rules.You should have.
However if the rules referred by you are:
Definitions
8.113
General Rules and Conditions
8.114
Part-C
Leave to Government employees not in Permanent employ
(iii) Maternity Leave
8.137-A
http://punjabrevenue.nic.in/csr1(12).htm#r8124iii
P. Venu
(Expert) 09 May 2016
The extant rules does not lay down any conditions as to length of service or nature of employment. Your wife may represent, and if of no avail, seek judicial review.
Rajendra K Goyal
(Expert) 09 May 2016
She should claim and wait for the reply of the department.
Kumar Doab
(Expert) 09 May 2016
She may approach/appeal to competent authority as per provisions and exhaust the internal remedy.
The author has not posted the extent rules.
Sudhir Kumar, Advocate
(Expert) 11 May 2016
he really gets time for multiple blogging in working hours.
He opens thread after thread and gives half information in one thread and half on other
मुफ्त के चंदन घिस मेरे नंदन
लम्बा तिलक लगा बाबा
पैसा कोई मांगे तो आगे आगे जा बाबा
Dr J C Vashista
(Expert) 12 May 2016
I agree with experts, nothing more to add. We should identify such author(s) and ignore them.
Kumar Doab
(Expert) 12 May 2016
The querist has been advised to build irrefutable written record before he remains silent, subdued, pursues, withdraws...................OR he may suffer.
Rest is upto the querist.
