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2013 Supreme(Ker) 370

MANJULA CHELLUR, K.VINOD CHANDRAN
Jisha P. Jayan – Appellant
Versus
Sree Sankaracharya University of Sanskrit represented by its Registrar – Respondent


Advocates Appeared:
For the Appellant:A.G. Basil, Advocate.
For the Respondents: R1, R2 & R6 Arun B. Varghese, SC, Sree Sankaracharya University, R3, S. Krishnamoorthy, CGC, R4, R5, R7 & R8 Mrs. Girija Gopal, Special Government Pleader.

Judgment :

Manjula Chellur, CJ.

1. Appellant, who was unsuccessful before the learned Single Judge is before us. The writ petition came to be filed seeking the following reliefs:-

"a) Issue a Writ of Certiorari calling for the records leading to issuance of Ext.P8 Order and letter and quash the same;

b) Issue a writ of Mandamus or any other appropriate writ, order or direction, directing the 1st Respondent University to allow the Petitioner to resume her duty after the maternity leave;

c) Direct the 1st respondent to disburse the arrear of salary for the month of September 2010 and the maternity leave salary form 04.10.2010 to 01.04.2011 without any hindrance.

d) Declare that Ext.P8 is unconstitutional and ultra vires the provisions of the Maternity Benefit Act, 1961 (Act 53 of 1961);

(e) Declare that the provisions of Rules 100 and 101 and Notes thereto, Part-I, to the extent of denying maternity leave benefit to contract employees is unconstitutional and ultravires to the provisions of the Maternity Benefit Act, 1961 with retrospective effect, i.e. from 01.09.2010;

(f) Declare that the State of Kerala has no authority and competency to frame rules against the Maternity Benefit Ac











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