The central legal point established is the validity and enforceability of extended maternity leave entitlement under the CCS Rules as a special provision under Article 15(3) of the Constitution.

S. RAVINDRA BHAT, J.

( 1 ) THE Petitioner was appointed as commerce lecturer in response to the advertisement published in Newspaper dated 28. 03. 2001, by the respondent college (hereafter "the college" ). She joined the College on 1st May 2001. The terms of appointment were appointment to be on probation for one year which could be extended for another one year;i)the appointment could be terminated without any notice and without assigning reason during the first year and by one month's notice on either side.

( 2 ) IT is claimed that though entitled, the petitioner was not granted summer vacation leave for two years. The petitioner was blessed with a child on 28. 12. 2003 and was sanctioned maternity leave for 135 days w. e. f. 29. 12. 2003. She had requested for maternity leave of 180 days as per the Guru Nank Dev university Rules (GNDU Rules) which, it is averred, allowed maternity leave for that period.

( 3 ) THE Petitioner was informed that as the Central Civil Service Rules were applicable to her services the provisions of GNDU Rules were inapplicable. In the meanwhile, as per the pleadings, she was applying for extension of leave, initially sanctioned up-to May, 2004, on medical grounds. Her requests, were granted by the college, from 12-5-2004 to 11. 6. 04, for 31 days; later, from 12-6-2004 to 25th June, 2004 i. e. 14 days. The college used to send her show cause notices to report back to duty. In response to the letter application dated 22. 06. 2004 the college informed that the petitioner was governed by the CCS rules and not by the GNDU Rules and that as per the CCS rules she was not entitled for the maternity leave beyond 135 days. The college also directed her to rejoin forthwith, threatening disciplinary action against her.

( 4 ) BY letter dated 15. 09. 2004 the petitioner referred to rule 43 (4) (b)of CCS Leave Rules whereby she was entitled to continuation of maternity leave up to a maximum period of one year and requested for extension of maternity leave. It is claimed that despite that service of the request, petitioner was terminated on the basis of unauthorized leave/absence, on 14th October 2004 i. e. within two months of the extended maternity leave.

( 5 ) IT is alleged that undisputedly the CCS Leave Rules were applicable to the petitioner and those Rules clearly stipulate that maternity leave can be extended upto one years. In case of maternity leave even the requirement of producing medical certificate has been waived off.

( 6 ) THE termination is impugned as arbitrary, illegal and contrary to provisions of the CCS Rules. It is also stated that the impugned termination is violative of Articles 14 and 16 of the Constitution of India, as well as provisions of the Maternity Benefits Act.

( 7 ) THE college, in its return, has disclaimed any liability. It states that the petitioner could not claim to continue in its services on the basis of any entitlement, since she was not a regular employee, but merely engaged on ad-hoc service. It is also averred that the college acted within the bounds of law, in granting all the leave mandated by the rules. Initially, a period of 135 days leave was sanctioned; later, it was extended twice, at the petitioner's request. If indeed the college harbored any ill will or bad faith against her, there would have been no extension of the leave, on two occasions.

( 8 ) IT is alleged that repeated show cause notices were issued to the petitioner for overstaying the leave; the college was within its right to terminate her, in the larger interests of the students. It was submitted that the petitioner enjoyed a full six months, or 180 days leave; the college's refusal to grant any further extension, and in issuing an ultimatum to her, to rejoin the services, was not only justified, but dictated by exigencies of the situation.

( 9 ) THE college has also taken the position that though leave can be availed of for one year, under Rule 43, it has to be granted on an employer's