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Consider extension in maternity leave to a contractual doctor: HC
5/27/2014 11:15:19 PM
Early Times Report

Srinagar, May 27: While issuing notice to concerned authorities, the J&K High Court has directed them to consider extension in the maternity leave of a contractual doctor at par with granted to permanent employees. A single bench of Justice Virender Singh passed the directions on a petition filed by Dr. Bilquees Khurshid, who was appointed as doctor under National Rural Health Mission in District Budgam on contractual basis.
However authorities did not granted extension of maternity leave beyond sixty days to the doctor and instead asked her to join duty.
Last year, the court has that female employee appointed on contractual basis cannot be discriminated by denying maternity leave as is being granted to their permanent counterparts and had asked government to issue orders so that all working class women get same maternity and other leave benefits.
It had observed that maternity leave is granted under Chapter V of the J&K Civil Services (Leave) Rules 1979 to permanent female employees of the state. "The object sought to be achieved by providing a definite period in terms of the rules as maternity leave is both for the benefit of the mother and the newborn baby," the court had said, adding, "The female employee appointed on contractual basis cannot be discriminated in denying the same treatment in the matter of grant of leave as is being given to the permanent female employee of the state." The court had further said that it's the child who requires constant care and vigil on the part of the mother. "The child born to permanent female employee and the contractual female employee would constitute one class under law. The child cannot be discriminated against by drawing a dividing line between the permanent female employee and those who are appointed on contractual basis," the court said, adding, "The child in both cases has to be treated uniformly. Even the mothers who give birth to the children also form one class and cannot be subjected to discrimination simply on the basis that one mother is permanent employee of the Government and the other is working on contractual basis."
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