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2024 Supreme(Cal) 667

RAJA BASU CHOWDHURY
Neeta Kumari – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Ms. Malini Chakraborty Ms. Shampa De
For the Respondent: Mr. Alok Kumar Banerjee Mr. Arunabha Sarkar

JUDGMENT :

Raja Basu Chowdhury, J.

1. Questioning the failure on the part of the respondent no. 2 to allow maternity leave with pay to the petitioner for 180 days, the present writ petition has been filed. The petitioner was appointed as an Executive Intern at the Reserve Bank of India (hereinafter referred to as the “Bank”) on contractual basis for a period of 3 years on 16th August, 2011.

2. In course of her employment with the bank, the petitioner having conceived had applied for maternity leave vide letter dated 20th November, 2012, for 6 months, with effect from 3rd December, 2012 as she was advised bed rest by the doctor, and her expected due date was sometimes in the first part of January, 2013. Although, there are no contemporaneous communication rejecting the petitioner’s application for maternity leave, however, subsequently by a letter in writing dated 14th March, 2013, the petitioner was informed that she is not entitled to maternity leave as per the terms of the contract, however, her absence from duty may be treated as leave without compensation. Notwithstanding the aforesaid, she would be entitled to medical benefits as available to the junior most officers in the Bank.

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