Saloni v. State Of Haryana And Others

CWP-11871-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CWP-11871-2024 Date of Decision: 06.11.2024 Saloni

...Petitioner(s)

Versus

State of Haryana and others ...Respondent(s) CORAM: HON'BLE MR. JUSTICE TRIBHUVAN DAHIYA Present:- Mr. Ankit Chahal, Advocate for the petitioner Mr. Parveen Mehta, DAG, Haryana TRIBHUVAN DAHIYA, J. (Oral) The petition has been filed, inter alia, seeking a writ of mandamus directing the respondents to release full salary to the petitioner for the period of maternity leave from 01.09.2021 to 28.02.2023, keeping in view provisions of the Maternity Benefit Act, 1961.

2.

At the time of availing maternity leave the petitioner was working as a contractual Staff Nurse under Outsourcing Policy Part-I in the respondent Medical College with effect from 11.06.2020. She made a request for release of salary for the maternity leave period vide application dated 14.03.2022. It was sanctioned vide office order dated 24.03.2023, but the complete salary was not given to her without citing any reason.

3.

Learned State counsel contends that the remaining due salary for the maternity leave period has now been released to the petitioner vide office order dated 28.10.2024 passed by the Director; a copy whereof is retained on record as Annexure 'A'.

PAYAL 2024.11.11 17:29 I attest to the accuracy and integrity of this document

CWP-11871-2024 -24.

A perusal of the order shows that no plausible reason is forthcoming for not releasing salary for the maternity leave period to the petitioner which was duly sanctioned to her vide office order dated 24.03.2023. She was, therefore, deprived of the due financial benefits for no fault of hers. 5.

In view thereof, the petition stands disposed with a direction to college authorities/respondents no.3 to 7 to pay interest at the rate of six per cent per annum on the amount of salary released to the petitioner vide office order dated 28.10.2024 from the date of her application, i.e., dated 14.03.2022, to the date of actual payment, within a period of eight weeks from the date of receiving a certified copy of this order.

(TRIBHUVAN DAHIYA) JUDGE 06.11.2024 Payal Whether speaking/reasoned Yes/No Whether reportable Yes/No PAYAL 2024.11.11 17:29 I attest to the accuracy and integrity of this document