Madras High Court bench at Madurai has said that women school teachers working on consolidated pay could not be denied maternity leave (ML)of 90 days.
Allowing a writ petition by K. Sunitha, a teacher from Thajanvur district, Justice S. Manikumar said considering teachers working under consolidated pay system as a seperate class and deny them leave amounted to denial of right to equality.
Assitant Elementary Education officer (AEEO) had passed an order refusing to grant ML to the teacher, working in a government aided school on December 30, 2005. The Judge asked the AEEO to sanction the leave immediately to the teacher who joined he service on March 17, 2004.
On November 6, 2005, she underwent caesarean operation and took leave for 90 days. Her school granted the ML and sent it to the education department for approval. But the AEEO refused to approve on the ground that junior grade teachers were not entitled to any kind of leave except one day casual leave per month.
The Judge said the condition that persons appointed on consolidated pay for a period of five years were not entitled to ML could not be countenanced for the reason that her appointment had already approved by competant education authorities.
