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2022 Supreme(Ker) 259

RAJA VIJAYARAGHAVAN V.
Naziya B. W/o Deepu P. V. – Appellant
Versus
State of Kerala – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: M.R. Venugopal, Dhanya P. Ashokan, S. Muhammad Alikhan.
For the Respondent: P. Sreekumar, Anima.

JUDGMENT :

1. The petitioners herein while working as Programmers (IT) at the Kerala University of Health Sciences on a Contract basis were denied Maternity Benefits. They have approached this Court with this Writ Petition filed under Article 226 of the Constitution of India challenging the stand taken by the respondents.

2. Bare facts are as under:

    The 1st petitioner was appointed as a Programmer in the 2nd respondent University with effect from 25.6.2012 for a period of 12 months. After the expiry of the said period, the 2nd respondent has extended the contract by 179 days at a time by giving an artificial break of two days. As per the last appointment order, a copy of which is produced as Ext.P1, the 1st petitioner has been appointed for a period of 179 days with effect from 23.6.2021 on a consolidated pay of Rs. 35,300/- per mensem. The 2nd petitioner joined the services of the 2nd respondent as a Programmer with effect from 2.7.2012. Her contract was regularly renewed for 179 days at a time and as per Ext.P1, the contract was for the period from 24.6.2020 to 18.6.2021 on a consolidated pay of Rs. 35,300/- per mensem. The 3rd petitioner joined the services of the 2nd respondent on

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