ANIRUDDHA BOSE, SANJAY KUMAR, S. V. N. BHATTI
Kavita Yadav – Appellant
Versus
Secretary, Ministry Of Health And Family Welfare Department – Respondent
JUDGMENT :
The appellant, a pathology doctor, was appointed as Senior Resident (Pathology) in Janakpuri Super Speciality Hospital, an autonomous institute under the Government of N.C.T. of Delhi, on 6th June 2004. Her appointment letter specified that it was purely temporary and as per the residency scheme, such appointment was initially to be for a period of one year, extendable on yearly basis upto a maximum of three years. Her date of joining was 12th June 2014. Her services were extended twice, for one year period each, on 12th June 2015 and 12th June 2016. Her last extension was for the period of one year from 12th June 2016 to 11th June 2017. On 24th May 2017, she had applied for maternity benefits from 1st June 2017, in terms of Section 5 of the Maternity Benefit Act, 1961 (“the 1961 Act”). The employer, however, informed her that only 11 days of maternity benefits could be granted since, as per the residency scheme, her tenure came to an end on 11th June 2017 and no further extension was allowed/permissible under the applicable rules.
2. The appellant unsuccessfully challenged the said action before the Central Administrative Tribunal, Principal Bench, New Delhi, and subseque
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