PGIMER NURSE DENIED MATERNITY LEAVE APPROACHES SUPREME COURT
Denied maternity leave for her first biological children as she has two children already, a nursing officer in the Post Graduate Institute of Medical Education and Research, Chandigarh has approached Supreme Court.
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The petitioner had applied for leave following the birth of her first biological child after marrying a man who already had 2 children from his first marriage. However the maternity leave applied from June 2019 to September 2019 was denied by PGIMER and was converted earned leave on the grounds that the women had entered the names of the two children from her husband’s first marriage in the office record and availed child care leave and treatment facility for them on many occasions.
The PGIMER cited the Central Services (Leave) Rules 1972, claiming that as she already has two surviving children she is not eligible for maternity leave. The petitioner on the other hand argued that the fact that her spouse has two children from the earlier marriage does not disentitle her from maternity leave under Rule 43 of Central Civil Services (Leave) Rules and even though she has availed child care leave in respect of step children it is a distinct matter from maternity leave.
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The Punjab and Haryana had dismissed her plea observing that a woman can avail maternity leave only if she has two or less surviving children irrespective of the fact that they are biological or not. The High Court bench of Justice Jaswant Singh and Justice Sant Prakash had upheld the Central Administrative Tribunal order.
The Supreme Court bench comprising of Justice DY Chandrachud and Justice MR Shah has sought a response from the institute in the same regards by September 7.
For case specific advice please contact Maternity Benefit /Paternity Lawyers Advocates in Chandigarh Panchkula Mohali Kharar Zirakpur Derabassi etc
More on 99888-17966.