IN THE HIGH COURT çj /DICATURE AT MADRAS (Special original JurisdiCtion) W.P.No. 1742d of 2021. Gp muthukumar argued
IN THE HIGH COURT çj /DICATURE AT MADRAS
(Special original JurisdiCtion)
W.P.No. 1742d of 2021
No.300/183, ill Floor
Thambu Street Chennai — 600 001.
1. The Secretary,
Personnel and AdministratiVf2 ReformS Department, Secretariat,
Chennai — 9.
2. The Principal Secretary to Government, Health and Family Welfare Department, Secretariat,
Chennai — 9.
3. The Director
Directorate of Medical and Rural I-lealth Services (DMS) No.361, Anna Salai,
DMS Complex, Teynampet, Chennai — 600 006.
4. The Director,
Directorate of Public Health and Preventive Medicine (DPHS) No.359, Anna Salai,
DMS Complex, Teynampet, Chennai — 600 006.
Petitioner
5. The Joint Director,
Office of Joint Director of Health Services, Government District Head Quarters Hospital Campus, Villupuram District,
PIN — 605 602.
Respondents
NT R FF DAV
HAL TH IRST
RESPOÜDENT
I, K. Vasanthamala, daughter of A. Kalyana Sundaram, Hindu, aged about 58 years, residing at 139/70, Kalavai Street, Chintadripet, Chennai – 600 002, do, hereby solemnly affirm and sincerely state as follows:-
i aiv the AdÜitio/
t,
5•* ° î3 *’ ! Gcvernment, Human Resources
£î jy/yiIe Pers nnel and Administrative Reforms
Management
p@ /fien ( ”
Departi«rent), FoÄ Et.
Fern Well acquainted W
George. Sgcretariat, hennai – 600 009 and as such I
ith the faGtS d !/ Uñlstances of this case as disclosed
by relevant rf2cords £l
nd t!EÎ behä)t Of the Secretary to Government, Human
Resource
s Management Depart/kept, (erstwhile Personnel and Administrative
Reforms Department), For st. George, Secretariat, Chennai — 600 009, I have
been authorized to file this counter a ldaVit and I am filing this counter affidavit alf of the fiFst respondent. häVe pf3!*USed th€2 äPid£lVit fil€îd by th€î pf3titiOner in suppoF Of the above Whitpetiti€)n £iFId df2ny eäCh £tnd 3\/€ ry OFU *!f
thï3 averments and allegations cont£ilFIf3d thf2r€î|ç} EîxC 2pt thOS€2 that are specifically admitted herein.
2. I respectfully crave for leave of this Hon’ble Court for the liberty of avoiding para-wise and ground wise submissions to the averments of the petitioner raised in the affidavit for the sake of brevity.
3. With regard to the averments made in paragraphs 4 to 6 and 12 to 14
of the affidavit, it ÏS submiLed that the Writ Petitioner herein has repoÊed certain irregularities in sanctioning of Maternity Leave to non-reguIarized/Non
pf2›+aFI£2«› *^£iFFif3d WomenGovf2fqmf2Flt employees working in the Health and
Family Welfare Department.
4. With regard tO the avf2rrr\f3nts mE\de in paragraphs 7 and 8 Of the
ä”’*ä*”*• *! *’ SUb i that the pet¡t¡on has narrated the hardship
the women workers dUring the peri&Jof pregnancy
I• ?-
.‘,.,iï::: ï:,’ï:„,:‘ t”V ”— •
‘**”””’ ‹ : 1•i 1,a.o!›.ii “
‘‘’. ’” ‹t’
H«ii›a‹i ho’s‹›. .
G .
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g yy¡th regard to the averments e > af«lgfaph 9 of the affidaVit, Ït
is sublT/itt
ed that the petitioner has sta
d that, to remove the hafdshi Of
women
Workers, the Government of India epacted a Maternity Benefit Act,
961 and it was recently amended in 2017 with certain necessary changes and
£llSo feprodUced the section 6(5) of thf2 said ACt.
6. With regard to the averm£2/tS m de in p£iragraph 10 of the affid£iVit, It
¡ ubmÏtted that, in G.O.(Ms) NO. 105, P rson If?! £iQd AdmiF\iStyätiVf3 Reforms (FR.III) Department, dated 07.11.2016 orders were issued enhancing the Matemig Leave from 180 days to 270 days to married women Government servants,with less than two surviving children, which may be spread over from
the pre-confinement rest to post-confinement recuperation, with full pay, at the option of the women Government servants. Accordingly, in the Government Order (Ms)No. 154, Personnel and Administrative Reforms (FR.II) Department, dated 05.12.2017, necessary amendments have been issued to instructions
under Fundamental Rules, 101 (a). Fuither, the admissible maternity leave to women Government employees with less than two surviving children has been increased from 9 months to 12 months vide G.O.(Ms) No. 84, Human Resources Management (FR.III) Department, dated 23.08.2021.
7. With regard to the averments made in paragraph 11 of the affidavit, it is submi¥ed that, the petitioner has reproduced in verbatim the amendment issued to instructions under Fundamental Rules 101(a), maternity leave, vide
G.0.(MS) NO. 91, Personnel and Admif\ÏStrative Reforms (FR.II) Department,
dated 28.07.2020.
8. With regard to the averments made in paragraphs 15 to 17 of the
âffidavit, ‘lt ia submired that the petitl n S IbmÏttf3d by the Writ Petitioner was
reœłved on 23.12.2020 Slnœ the H )t* and F»mii/ wxrxre Deparłmenl lc tte aamŃ*Mtłvs depaŠment Ër ”° *lre«orste ø uæimi and Rural Heanh Ser«łoes (DMS), and the DirectgfBt6 Of ublic Heałih and PreventŃe Medicine
(DPHS), the rspaeentation has been şøni to H»afih and FafhÏŞ We5ØfØ
fitment WÎIÏ’i a f@ğUó6t IO 0ÎÏer its fefhaf g gțt ț gț țj ß Of tile /ætÎtłOf›óf
W fifst in8tanoe, on 17.02.2021. Tbs șøpøyą the Health and Family
Wełfa^ !*epartment Á pt to be receŃæ.
9- It Á gU îtted that rBgardiñg grant of Maternity Leaw, inStAJCtiOfł I
U Bmental Rulas 101(a), MØemity Leaæ (as per ße amendment
***œd in G.O.(MS)No.91, Personnel aæ Administraive Reforms (FR.II) III,dated 28.07.2020) prońdœ as folbws:-
1 ()) Â COfTlpetent authority may gænt maternity lesve on full pay to
‹»n‹ 1 d women Government arvants and @ non-pemanent
manëd worre• Government servants, who are appointed on regular capacity. R* a Poüod n
