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HARISH KUMAR
Mubeena – Appellant
Versus
State of Bihar – Respondent
Harish Kumar, J.—Heard Mr. Binodanand Mishra, learned Senior Advocate for the Petitioner and Mr. Ritesh Kumar, learned Advocate for the respondent University. The State is represented through Ms. Manisha Singh, learned Advocate.
2. The petitioner invoking the extraordinary prerogative writ jurisdiction of this Court seeking a direction commanding upon the respondent University to release the salary for the maternity leave period from 10.05.2020 to 11.11.2020 as also to count the maternity leave period to teaching and working experience, besides to extend one increment which has been illegally denied since July 2020 due to absence shown during maternity leave.
3. Learned Senior Advocate for the petitioner briefly stated the facts and submitted that the petitioner was duly appointed as Assistant Professor in the Department of Sociology by the respondent University vide notification No.109/2019 dated 27.06.2019. Since the petitioner was in family way, she requested through her application dated 17.02.2020 to grant maternity leave from 15.04.2020. It was also informed to the authority concerned that she expected due date of delivery on 16.05.2020. The petitioner also enclosed all the pre
The Maternity Benefit Act ensures that all female employees, regardless of their employment status, are entitled to maternity benefits, reinforcing the principle of non-discrimination.
Point of Law : Act of 1961 was enacted to secure women's right to pregnancy and maternity leave and to afford women with as much flexibility as possible to live an autonomous life, both as a mother a....
The central legal point established is the entitlement of female employees to 180 days of maternity leave as per the Maternity Benefit Act, 1961, and international conventions, irrespective of their ....
Contractual employee - Grant of maternity benefit - Maternity Act, 1961 aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood ....
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
Government employees are not entitled to maternity leave under the Maternity Benefit Act, 1961, and the 3rd proviso to Rule 153 of the Fundamental Rules restricts the grant of maternity leave within ....
Denial of maternity leave to female employees on contract basis violates their constitutional rights to life and equality, mandating equal maternity benefits for all women.
Contractual employees are entitled to full maternity benefits under the Maternity Benefit Act, 1961, even after the expiration of their contracts, and the Act overrides any agreement or contract of s....
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