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Rohit (Legal)     31 May 2018

Maternity benefit act

Dear All,

please help me.

Facts-1) A is a contract teacher in a school since 2013 and her contact is being renewed every year from 1st of July till 9th of April and after 9th of April she gets relieved like any other teacher and is again being rejoined from 1st of July and the process has been going on like this since 2013 and most probably A may be asked to rejoin again from 1st of July as her contract would get renewed again.

2) Now A has gone on Maternity Leave on 1st of April after applying for the same and her application for it was duly accepted by the School Principal and as of now she is on maternity leave.

3) As per Delhi Govt Circular, Maternity Benefit Act with amendments has been made applicable to all the guest teacher and as per the same, A is entitled to six month maternity paid leave and with refernce to the relevant section of Act, A can neither be discharged or dismissed from her service till the subsistence of maternity period.

Question- As like any other teacher, she is relived(cirular to that effect has surfaced  where all the guest teachers have been relived), I want to know

1. whether that Circular would be applicable to A considering she is protected under the act as reliving her would mean  discharging her which cannot be allowed?

2. Whether A can be relived and if yes, would not that be contravention of the act and would completely vitiate the object of the act

3. If A rejoins on 1st of July as per the existing process, would she be applicable to affirm/reapply for the remaining Maternity period or  not ie prospective period which is July, August and September?

4. if A would be entitled for maternity leave from 1st of July, would she be entited to fight for getting the maternity benefit for the  period of May and June?

5. If A does not rejoin on 1st of July and join after compeletion of Materity period, can she claim rejoining and that too in the same school?

Please answer the above queries and suggest how we go about this situation as it is genuine case and we do not want to loose it as we have all the supporting documents to augment our case and we earnesty need advise for this

thanks

 

 



Learning

 4 Replies

R.Ramachandran (Advocate)     31 May 2018

You aay: "As like any other teacher, she is relived(cirular to that effect has surfaced  where all the guest teachers have been relived)".

If relieved from which date relieved?

If it is more than one month (of such relief), whether she got any salary thereafter (treating her to be on maternity leave)?

If she has not got salary, then, if you feel strongly that the provisions of the Act protects her, why not take legal steps against the wrong actions of the School Authorities?

Rohit (Legal)     31 May 2018

hi Sir,

date of relieving is 9th of May and she has not got any salary for the month of April onwards but there are chances that she would get it along with other teachers as other teachers hitherto has not received their salaries.

 

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     31 May 2018

You can bring this notice to the director of School Education department in your state. 

Rohit (Legal)     02 June 2018

Do we have someone who can answer my query point wise?

i would be very greatful if somone pull this off.

 


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