Smt. I. Saraswathi, v. State Of Telangana, Rep. By The Principal Secretary, Social Welfare
HONOURABLE SRI JUSTICE P.NAVEEN RAO Between:
Smt. I.Saraswathi, d/o. Sri Bhadraiah, W/o. C.Babu Rao, Aged about 33 years, occu: Teacher (RT Telugu), residing At Mattampally village, Nalongda district, presently Suryapet district, Telangana State.
.....Petitioner and State of Telangana, rep.by the Principal Secretary, Social Welfare (Social Welfare Residential Educational Institutions Society) Department, Hyderabad and others. ....Respondents The Court made the following:
PNR,J W.P.No.29094 of 2018 HONOURABLE SRI JUSTICE P.NAVEEN RAO ORDER:
In this writ petition, petitioner is challenging the action of respondents in not considering her application made on 01.06.2018, followed by another application on 01.08.2018, for grant of maternity leave for twenty six weeks, though Section 5(3) of the Maternity Benefit Act, 1971, as amended by Amendment Act 6 of 2017, is mandatory to grant such leave to the employee. 2.
However, when the matter is taken up for consideration, learned standing counsel produced Circular dated 18.08.2018 issued by the Society to grant maternity leave whenever directions were issued.
3.
Having regard to the statutory mandate, the representations of petitioner submitted on 01.06.2018 and 01.08.2018 be processed and appropriate decision be communicated to the petitioner duly taking note of the Section 5(3) of the Maternity Benefit Act, 1971 as it stands now and the Circular dated 18.08.2018 within a period of two weeks from the date of receipt of copy of this order. Writ petition is accordingly disposed of. Pending miscellaneous petitions shall stand closed.
___________________________ JUSTICE P.NAVEEN RAO kkm
PNR,J W.P.No.29094 of 2018 HON'BLE SRI JUSTICE P.NAVEEN RAO kkm