Govt Employee Entitled to Maternity Leave for Third Child if First Child born before Job
The Central Administrative Tribunal (CAT) in Srinagar addressed the entitlement to maternity leave for a government employee expecting her third child. The School Education Department (SED) had denied her leave citing eligibility only for the first two children. As per rules, the government employees can avail maternity leave for two children. In this case, the leave was denied as the employee was expecting her third child. But the employee said that she should be granted maternity leave as the first child was born before joining the job.
Judicial Decision
The bench, led by Judicial Member M S Latif, upheld the teacher’s plea. The teacher, represented by counsel, argued that her first child was born before she joined the department, thus not affecting her eligibility for maternity leave for subsequent children.
Legal Precedent
Citing the Madras High Court case of Khadija Umama versus District Education Officer, where similar circumstances allowed maternity leave for a teacher with children born before joining service, the counsel highlighted the consistent application of maternity leave rights.
Tribunal’s Directive
In its ruling, CAT directed the authorities to treat the teacher’s petition as a representation and to decide within three weeks, aligning with the legal principles set by the Madras High Court.
Conclusion
The tribunal emphasized the importance of granting maternity leave as a fundamental right, ensuring fair consideration irrespective of the number of children a female government employee may have.
