‘Unapproved probationer entitled to maternity leave’

Ruling in favour of a woman who had sought to factor in her maternity leave for calculating the two-year service period and permit her to undergo post-graduate course, Justice N Kirubakaran said, “In availing of the benefits or concession given by the government, there cannot be any discrimination between the temporary, permanent employees and approved probationers or successful probationers.” 

The judge also noted, “The benefits given under Rule 101 (a) of Tamil Nadu Fundamental Rules are equally applicable to an unapproved probationer and there cannot be any discrimination. The rule has to be read in such a manner that the maternity benefit, including maternity leave, applicable to the government employee is equally applicable to other unapproved probationers, who are carrying or who are in the family way.” 

The petitioner Dr U Ishwarya had submitted that on completing her MBBS, she joined at a PHC in Sivakasi Health Unit District. While so, she availed of maternity leave from July 04, 2015, to January 03, 2016. She rejoined duty on January 01, 2016 and completed two years of government service as on March 19, 2017. As she wanted to pursue a PG course she completed all formalities, including NEET and opted for DGO course in Government Kilpauk College, Chennai, wherein she was asked to join on May 10, 2017. 

However, the Deputy Director of Health Services, Sivakasi refused to relieve her stating that she has not completed two years of continuous service and had availed of 180 days of maternity leave. Hence, she challenged the clause in the appointment order which speaks about serving a minimum period of two years for joining higher studies. 

Noting “It is the fundamental right of the lady to give birth to a child,” Justice Kirubakaran said, “It is not understandable as to how the Director of Medical Education and others refuse to treat the maternity leave availed of by the petitioner herein as period of service, which would enable her to complete the two-year minimum period service to get PG medical admission.”