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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Athira P. – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT
A.Muhamed Mustaque, J.
Two young lady doctors are before us in these original petitions. They became mothers while they were undergoing post- graduation in MD Radiodiagnosis. Dr.Athira P., the petitioner in O.P.(KAT) No.507/2023 availed maternity leave for six months and Dr.Arya G. Krishnan, the petitioner in O.P.(KAT) No.521/2023 availed maternity leave for four months. They successfully completed post-graduation in the month of December 2022. As a result, their compulsory senior residency programme commenced belatedly. Dr.Athira will complete her one-year compulsory senior residency programme only on 17/01/2024 and Dr.Arya will complete her senior residency programme only by 15/01/2024.
2. The Kerala State Public Service Commission (PSC) invited applications for the post of Assistant Professor in Radiodiagnosis on 16/10/2023, for 9 vacancies. The last date fixed for receiving the application was 15/11/2023. One of the prescribed qualifications is that candidates should have one year experience as Senior Resident in Radiodiagnosis in a NMC recognised Medical College after acquiring post-graduate degree. As we observed earlier, the petitioners would complete their senior resi
Point of Law : According to Article 42 of Constitution of India, “State is required to make provision for securing just and humane conditions of work and for maternity relief”.
The central legal point established is the entitlement of female employees to 180 days of maternity leave as per the Maternity Benefit Act, 1961, and international conventions, irrespective of their ....
Maternity leave under CCS(Leave) Rules Rule 43 granted for third biological child via purposive interpretation, limited to 12 weeks guided by Maternity Benefit Act, considering divorce, child disabil....
Point of law : There is a method in the evolution of constitutional law jurisprudence. Evolution of constitutional law rights are guided and controlled by the text of the constitution, long settled j....
The court established that gender discrimination in promotions violates constitutional rights, mandating equal consideration for all qualified individuals regardless of gender.
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