Extend maternity benefits under the Maternity Benefits Act to Legal Aid Counsel based on established eligibility criteria.

JUDGMENT

[WP(C) Nos.38997/2024, 36266/2024]

These two Writ Petitions have been filed by the petitioners who are working as the Assistant Legal Aid Defense Counsel under the Legal Aid Defense Counsel System (LADCS), praying therein to extend the maternity benefit to the petitioners as provided under the Maternity Benefits Act , 1961.

2. The learned counsel for the National Legal Service Authority (NLSA) has produced the communication dated 21.01.2025 passed by the NLSA whereby the maternity benefits under the Maternity Benefits Act , 1961 had been made applicable to the Legal Defense Counsel engaged by the District Legal Services Authority.

3. Paragraph 4 of the said communication dated

21.01.2025 reads as under:

“a. Once an applicant has fulfilled the entitlement criteria specified in Para 5(2) of the Maternity Benefit Act, 1961, she would be eligible for full maternity benefits, even if such benefits exceed the duration of her contract.

b. In the event that a lawyer appointed under the LADCS Scheme is availing leave under the Maternity Benefit Act, 1961 or any other law, rule or regulation in force, the Chairman of the concerned DLSA may engage a lawyer, on short-term contract basis, only for the period of leave so granted, to discharge the duties of the person who is on leave for that period.”

4. Considering the aforesaid fact that the decision has already been taken to extend the benefit to the Counsel working under the LADCS, a scheme of the NLSA, nothing survives in these Writ Petitions and the same are therefore dismissed as infructuous.

Sd/-D. K. SINGH JUDGE lsn APPENDIX OF WP(C) 36266/2024 PETITIONER EXHIBITS Exhibit P1 A TRUE COPY OF THE IDENTITY CARD ISSUED TO THE PETITIONER BY THE 3RD RESPONDENT KELSA BEARING DATE OF ISSUE 06.03.2023 Exhibit P2 A TRUE COPY OF THE REPRESENTATION FOR AVAILING MATERNITY LEAVE SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED

14.06.2024 Exhibit P3 A TRUE COPY OF THE FORWARDING LETTER FROM THE 3RD RESPONDENT TO 4TH RESPONDENT MENTIONING THAT THE REPRESENTATION SUBMITTED BY THE PETITIONER FOR MATERNITY LEAVE DULY FORWARDED TO 2ND RESPONDENT DATED 26.07.2024 Exhibit P4 A TRUE COPY OF THE LADCS SCHEME 2022 ISSUED BY THE 2ND RESPONDENT NALSA DATED NIL Exhibit P5 A TRUE COPY OF THE DISCHARGE SUMMERY OF THE PETITIONER AFTER THE DELIVERY OF CHILD ISSUED BY THE MOTHER HOSPITAL, OLARI, THRISSUR DISTRICT DT. 07.06.2024 APPENDIX OF WP(C) 38997/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE NOTIFICATION DATED

24.8.2022 VIDE NO.LADCS/2022 ISSUED BY THE

1ST RESPONDENT Exhibit P2 TRUE COPY OF THE RELEVANT PAGES OF APPROVED LIST OF CANDIDATES SELECTED FOR ENGAGEMENT IN LADCS, DATED 31.03.2023 Exhibit P3 TRUE COPY OF THE REQUEST DATED 20.4.2023 SUBMITTED TO THE 2ND RESPONDENT BY THE PETITIONER Exhibit P4 TRUE COPY OF THE REPRESENTATION DATED

27.10.2023 ALONG WITH THE MEDICAL CERTIFICATE Exhibit P5 TRUE COPY OF THE ANSWERS TO THE APPLICATION UNDER RIGHT TO INFORMATION ACT FURNISHED BY THE 1ST RESPONDENT ON

15.10.2024