Senior Resident Doctor Employed On Contract Basis Granted Maternity Leave By Karnataka HC

FACTS OF THE CASE

• Dr Swetha was employed in ESIC Medical College and Hospital, Kalaburgi as a Senior Resident in the Department of Medicine.
• She was working there on a contract basis.
• After 125 days of her service, in November 2018 she submitted a leave application before the hospital authority, seeking grant for Maternity Leave.
• The Joint Director of ESIC Medical College and Hospital denied maternity leave to a doctor employed stating that she was there on contractual basis.
• She challenged the denial of maternity leave by the Joint Director based on the office memorandum which was issued on January 1, 2018.

OBSERVATION MADE BY THE COURT

• The Karnataka High Court quashed the order passed by the Joint Director, ESIC Medical College and Hospital, who had denied granting maternity leave.
• The court observed that after reading Annexure-F, which provides the office memorandum, it is given that in respect of Teaching and Non-Teaching Staff, they are entitled to 26 weeks of Maternity Leave with a condition that such person should have completed at least 80 days in the service in the past 12 months before the expected date of delivery.
• This has been envisaged in the Maternal Benefit (Amendment) Act, 2017.
• Justice Nataraj Rangaswamy held that, as per the Office Memorandum issued on 11.01.2018, the petitioner was entitled to receive the benefit of maternity leave when she had sought for Maternity Leave, she had already put in 80 days of service.

THE COURT’S ORDER

• After analysing everything, the court ordered that writ petition will be allowed.
• It quashed the impugned judgement passed by respondent No. 5.
• The court allowed the leave requested by the petitioner for the period of 26.11.2018 to 19.05.2019 and held that the same shall be considered as "on duty".
• Further, the court also ordered that the petitioner would also be entitled to claim all bonuses that she is supposed to receive.

DO YOU THINK THE DOCTOR SHOULD HAVE BEEN ALLOWED MATERNITY LEAVE?