The court established that repatriation during maternity leave without prior notice violates procedural rights and humane treatment standards under employment law.

JUDGEMENT

(PER : HONOURABLE MS. JUSTICE SONIA GOKANI)

1. The present Special Civil Application is filed under Article 226 of the Constitution of India . The petitioner seeks issuance of writ of certiorari or any other appropriate writ for quashing the order dated 28.07.2022 passed by the Central Administrative Tribunal in Original Application No. 81 of 2022 dismissing the application and confirming the relieving order dated 15.11.2021, repatriating the petitioner to her parent department i.e. CGST, Audit, Durgapur, Kolkata without serving any notice during her maternity leave and also passing the consequent order dated 29.07.2022 relieving the petitioner with immediate effect.

2. The brief facts leading the present petition are as follows:-

2.1. The petitioner joined the services of Central Government as Inspector on 04.12.2018 and was posted in the Commissionerate, CGST, Audit, Durgapur, West Bengal. The respondent no.3 – the Directorate General of Vigilance, Ahmedabad Zonal Unit, Ahmedabad published a notification dated 18.12.2019 on the website of the Central Board of Indirect Taxes and Customs inviting applications from inspectors to fill-up four vacancies in the zonal unit on deputation basis for a period of three years.

2.2. The husband of the petitioner is also in the Central Government Office as an Inspector posted at Ahmedabad and therefore, she had shown her willingness for being posted at Ahmedabad through her letter dated 30.12.2019 and the same was sent through her parent department i.e. Durgapur Audit, Commissionerate, West Bengal. Her application was accepted by the respondent no.3 and the Establishment Order came to be passed on 03.07.2020 appointing the petitioner with two other inspectors in the office of Directorate General of Vigilance on deputation basis for three years from the date of her joining the office. She accordingly joined on 17.07.2020. 2.3. On 20.09.2021, she requested to grant maternity leave for 180 days from 27.09.2021 to 25.03.2022 as available under the Leave Rules. She was granted 180 days’ maternity leave from 27.09.2021 to 25.03.2022. She gave birth to a baby child on 04.11.2021 at Barmer, Rajasthan. 2.4. In postpartum period, when the child was barely 10 days old, she received a letter on 15.11.2021 in her e-mail issued by the respondent no.3 repatriating her to her parent department CGST Audit, Durgapur, from 15.11.2021. It is her serious grievance that despite being aware of her leave, this was an inhuman approach adopted on the part of the authority as no prudent person could have done this to any female officer. Not only she has been repatriated, but, she has not been paid her leave salary which she is entitled to as per the Leave Rules and that is not only in breach of Leave Rules, but, is absolutely an illegal step.

2.5. She has been thrown to her parent department not at the stage of her leave period, but, at the time when she put forward a step in a new life as a mother where she is required to take complete care of herself and of her 10 days’ old child.

She was posted under the respondent no.3 for three years, but, this premature reversion or repatriation failed in complying with the provision of giving three months’ advance notice to the lending department and to the petitioner. What has been mentioned in the Establishment Order dated 03.07.2020 is that the terms of deputation, extension of tenure, deputation allowances etc. will be governed by the rules and instructions of DOPT and DGoV.

2.6. She had approached the Principal Directorate General of Vigilance, Indire