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2022 Supreme(Del) 204

RAJIV SHAKDHER, TALWANT SINGH
Baba Saheb Ambedkar Hospital Govt. Of Nct Of Delhi – Appellant
Versus
Dr. Krati Mehrotra – Respondent


Advocates Appeared:
Ms Mini Pushkarna, Ms. Khushboo Nahar and Ms Latika Malhotra, Advocates, for the Appellant; Ms Mansi Bajaj, Ms Nidhi Tyagi and Mr Saksham Mishra, Advocates, for the 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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