RAJIV SHAKDHER, TALWANT SINGH
Baba Saheb Ambedkar Hospital Govt. Of Nct Of Delhi – Appellant
Versus
Dr. Krati Mehrotra – Respondent
ORDER
1. This writ petition is directed against the order dated 03.05.2019, passed by the Central Administrative Tribunal (in short, the "Tribunal") in O.A.No.508/2018.
2. The narrow but important issue which arises for consideration in this writ petition is: whether an ad hoc employee is entitled to maternity benefit for a period that spills beyond the tenure of the contract?
Background:
3. This issue arises in the backdrop of the following broad facts :
3.1. In and about 22.03.2016, the respondent was offered an appointment, albeit, on an ad hoc basis as Senior Resident in the Department of Dermatology in the petitioner-hospital. The offer made to the respondent provided that the appointment would be for a period of 45/89 days or till a regular incumbent joins the post, whichever is earlier.
3.2. Based on the offer made, the respondent joined the petitioner-hospital on 05.04.2016. A formal office order to this effect was taken out by the petitioner-hospital on 24.05.2016. The first span of 89 days, thus, stretched between 05.04.2016 and 02.07.2016.
3.3. Thereafter the respondent's t
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