The refusal of maternity leave based on Rule 3 of Appendix XIIA was legally and factually faulty, and the Kerala Service Rules provide a liberalized legal machinery to protect the rights of pregnant mothers and the health of the new generation.

JUDGMENT :

ALEXANDER THOMAS, J.

The prayers in the aforecaptioned original petition filed under Article 226 and 227 of the Constitution of India are as follows;(See page No.8 of the paper book of this OP).

“1. To set aside Exhibit P3 impugned order dated 09.01.2020 of the Kerala Administrative Tribunal in O.A.No.83/2019.

2. To issue other reliefs, this Honourable Court may deem fit and proper in the facts and circumstances of this Original Petition (KAT).

2. Heard Sri B.Vinod, learned Senior Government Pleader appearing for the petitioners (State of Kerala, DHS, DMO and another) in the OP/respondents in the OA and Sri V.M.Abdul Salim, learned counsel appearing for the sole respondent in the OP/sole applicant in the OA before the Tribunal. The respondent herein/original applicant has filed Ext.P1 O.A.No.83/2019 before the Kerala Administrative Tribunal, Thiruvananthapuram, with the following prayers; (see page 27 of this paper book).

1. The Honourable Tribunal may be pleased to call for the records and to quash the Annexure A7 and A9 illegal directions denying maternity leave to the applicant and issue appropriate order to the effect that the applicant is eligible for the remaining period of maternity leave with effect from the date of return from LWA on 25.10.2014.

2. To issue direction to the respondents to regularise the period for increments seniority and other service benefits of the applicant.

3. To initiate appropriate action against the respondent at the fault which resulted in abusing the motherhood and brought endless hardship to a women employee.

4. To issue such other directions or orders as this Honourable Tribunal deems fit and proper in the interest of justice and circumstances of the case.

5. To award the costs.”

3. The 1st petitioner herein/1st respondent in the OA has filed Ext.P2 reply statement dated 25.5.2019 in this OA before the Tribunal (see pages 51 to 54 of the paper book).

4. The Tribunal has passed the impugned Ext.P3 final order dated 09.01.2019 in O.A.No.83/2019, whereby the impugned Annexure A7 order dated 06.01.2015 issued by the Director of Health Services (DHS) and the impugned Annexure A9 order dated 13.07.2015 issued by the State Government in the Health and Family Welfare Department to the extent it rejected the plea of the applicant for grant of maternity leave has been quashed and the 1st respondent in the OA/1st petitioner (competent authority of the State Government in the Health and Family Welfare Department) has been directed to immediately sanction maternity leave to the applicant as applied for in Annexure A5 and further to regularise her subsequent period of service and grant her due increments and other service benefits and that the competent authority of the State Government in the Health and Family Welfare Department shall pass orders on the above aspects within two months, etc. It is this impugned final order at Ext.P3 rendered by the Tribunal, which is under challenge in this original petition.

5. The original applicant is holding the post of Staff Nurse Gr.II in the Health Department of the State Government. She had joined service on 01.09.2005 and her probation has been successfully declared on 14.11.2007. She had taken Leave Without Allowance (LWA) for 5 years under Appendix XIIA of Part I KSR from 23.10.2009 upto 23.10.2014. The applicant had approached the authorities concerned about two months before the expiry of her LWA period, which was to expire on 23.10.2014, for rejoining duty and she was duly allowed to rejoin duty as per order dated 23.10.2014 issued by the District Medical Officer of Health, Kottayam. It is common ground that she had duly reported back and rejoined duty on 24.10.2014 immediately after the expiry of the above said 5 year LWA period which was upto 23.10.2014. From the pleadings and materials on record, it appears that even before the expiry of the LWA period, the applicant become pregnant and Annexure A3 is the scan report, which would show that she had under