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2018 Supreme(Bom) 2096

B.R.GAVAI, M.S.KARNIK
Archana D/o Nanabhau Dahifale – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
Rutuja Shinde, Adv., Devendra Dilip Pawar, Adv., V.M. Mali, Adv.

JUDGMENT :

M.S. Karnik, J.

Rule. Rule is made returnable forthwith.

2. Heard by consent of the parties.

3. The jurisdiction of this Court is invoked by the petitioner under Article 226 of the Constitution of India for appropriate directions to the respondent No.2 Director General, Dr. Babasaheb Ambedkar Research and Training Institute, Pune, to pay the salaries of the petitioner on the pay scale of Rs.25,000/- per month for the period of her maternity leave, from 13th June, 2017 to 30th November, 2017.

4. The facts of the case in a nutshell are thus :

The petitioner was working as a Project Officer with the respondent No.2 - Institute from the year 2015 on contractual basis. The petitioner's contract was renewed for the period of 11 months from 3rd June, 2017 to 2nd May, 2018 on the consolidated monthly honorarium of Rs.25,000/- per month. By an application dated 12th June, 2017, the petitioner requested for permission from the respondent No.2 to proceed on maternity leave for the period from 13th June, 2017 tentatively till the month of November, 2017. The petitioner was permitted to proceed on maternity leave. The petitioner was on maternity leave for the period from 13th June, 2017 to

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