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1990 Supreme(Ker) 281

MALIMATH, VISWANATHA.IYER
Radha – Appellant
Versus
Secretary to Govt. – Respondent


Judgment :-

Malimath, CJ.

This appeal is against the judgment of the learned Single Judge dismissing O.P. No. 8452 of 1985. The appellant who is a female government servant delivered a child on 28th of May 1984, she being a teacher having had the benefit of the summer vacation, did not think of applying for maternity leave, from the date of delivery or from any reasonable period prior to the date of delivery. She made the application long after the delivery, that is, on the 25th of June 1984 seeking sanction of 90 days of maternity leave from 2-7-1984 to 29-9-1984 with permission to prefix and suffix. Leave prayed for was granted to her on the 19th of July 1984. She had also undergone sterilisation operation on 30-5-1984, a few days after her delivery. She claimed that she is entitled to 14 days leave on account of sterilisation operation, for the period from 8-10-1984 to 21-10-1984. The Assistant Educational Officer rejected her claim for leave on the ground of sterilisation operation and modified the maternity leave already granted and sanctioned the same for a period of 90 days from 28-5-1984 to 25-8-1984. Appeals against the said order were dismissed by the higher authorities as











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