Heard Sri Rajiv Shukla, learned counsel for the petitioner and Sri A. M. Tripathi for the opposite party no. 5 as well as learned Standing counsel for opposite parties no. 1 and 3 only.
Issue notice to opposite parties no. 2, 4, 6 and 7.
The petitioner was selected for the post of 'Shiksha Mitra' in the session 2005-06. She has completed her training during 2005. The petitioner is discharging her duties to the satisfaction of the opposite parties. On 02.10.2010, the petitioner has submitted an application for maternity leave. She gave birth to baby child on 16.10.2010 at Nazreth Hospital, Allahabad and thereafter she was on leave until 02.12.2010. It has been further submitted that she came back to school for joining and submitted application before opposite party no. 6, in turn he has directed opposite party no. 7 for allowing the petitioner to join her services. Despite, application the opposite parties have not allowed the petitioner to join her services.
Learned counsel for the petitioner has drawn the attention of this Court in paragraph 4 of the Government Order dated 15.06.2007, as contained annexure-6 to the writ petition. The maternity leave has been sanctioned to 'Shiksha Mitra' even otherwise the maternity leave is a right under Article 21 of the Constitution of India.
The lady has a right to live with dignity and to perform all the duties. As a mother, she has the fundamental right to live with dignity is a basic norms to the petitioner. Such norms cannot be flouted by the opposite parties in the manner that they are not allowing the petitioner to join her service.
Learned counsel for the petitioner prays for and is granted three weeks' time to file rejoinder-affidavit.
Meanwhile, the opposite parties are directed to allow the petitioner to join the duties immediately and pay the honorarium as she was getting prior to proceeding on leave.
List this case after four weeks.
Order Date :- 18.10.2011 RS.