Count maternity leave period of doctor as part of bond period: HC
Madras high court
recently ruled, and directed the authorities to return her original certificates.
The court was hearing the appeal filed by E Krithikaa. She was allotted a seat in the MS (general surgery) course at Thanjavur College for the 2016-17 academic year. According to the prospectus, candidates must sign a bond for 40 lakh, undertaking to serve the state govt for at least two years.
After obtaining her PG degree, she was appointed as an assistant surgeon at Thittakudi govt hospital in 2019. She served for 12 months before going on maternity leave.
Since she served the govt for only 12 months, the authorities declined to return her original certificates. In 2022, she filed a petition seeking a direction to return her original certificates. However, the single bench dismissed her petition. Challenging the order, Krithikaa filed the present appeal in 2023.
A division bench of justice G R Swaminathan and justice K Rajasekar observed that an educational certificate is not a marketable commodity and hence cannot be retained or withheld for any reason.
"As per the conditions set out in the prospectus, the appellant has to serve the govt of Tamil Nadu in one of their hospitals for two years. This condition must give way to the rights conferred on women under the provisions of the Maternity Benefit Act, 1961. This is especially so because the honourable Supreme Court declared that any woman has a fundamental right to the benefits arising out of her situation of maternity.
Maternity leave is integral to maternity benefit and forms a facet of Article 21 of the Constitution," the judges observed.
The judges further noted, "The appellant is not a govt employee. She is only obliged to render bond service to the govt for two years. But a regular state govt employee is entitled to avail maternity leave for 12 months as per the amended service rules. We believe that the appellant is also entitled to the same treatment applicable to any govt employee.
When the fundamental right of the appellant is involved, she is entitled to the protective umbrella of not only Article 21 but also Article 14 of the Constitution.
"
The second half of the bond service turned out to be the maternity period for the appellant. Applying the legal fiction laid down by the Supreme Court, the appellant must be considered to have served the govt even during her maternity period. Allowing the appeal, the judges set aside the order of the single bench.
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