3 weeks ago
Kerala High Court extends hysterectomy leave to contractual women employees
Some women who work for the government have a special surgery called a hysterectomy.
After this surgery, their bodies need time to heal, so the rules give them paid time off.
But the government did not want to give this time off to workers who were hired on a contract.
A court called the Kerala High Court said that is not fair.
The court said all women workers should get the same rest time, whether they are permanent or contractual.
The court also said the government already gives contract workers time off for having babies, so it should also give time off after this surgery.
The court asked the government to approve the leave quickly.
Two women who asked for this will now get their leave.
This decision may also help other contract workers in the future.
It shows that all workers should be treated fairly.
The Kerala High Court ruled that contractual women employees in government-funded projects are entitled to paid medical leave after hysterectomy surgery under the Kerala Service Rules.
Justice Harisankar V Menon passed the order while allowing petitions filed by special educators Nisha Jose and Moly P C, who work under Samagra Shiksha Kerala.
The state government had rejected the petitioners' leave applications, arguing the government order did not specifically extend the benefit of hysterectomy leave under Rule 101A.
The court held that since maternity and miscarriage leave had already been extended to contractual employees, there was no rational or technical basis to deny hysterectomy leave.
The court quashed the government order and directed that the petitioners' leave applications be processed as expeditiously as possible, within 16 weeks.
- Who
- Justice Harisankar V Menon of the Kerala High Court; petitioners Nisha Jose and Moly P C, contractual Special Educators (Secondary) under Samagra Shiksha Kerala; and the State Government of Kerala.
- What
- The court held that women employees engaged on a contractual basis in government-funded projects are entitled to paid medical leave following hysterectomy surgery under the Kerala Service Rules.
- Where
- Kerala High Court, Kochi, Kerala.
- When
- The order was passed on August 7, as reported by PTI.
- Why
- Because once welfare benefits such as maternity and miscarriage leave had been extended to contractual employees, there was no rational or technical basis to deny them hysterectomy leave under the same service rules.
Key facts
- Court
- Kerala High Court
- Judge
- Justice Harisankar V Menon
- Petitioners
- Nisha Jose and Moly P C
- Petitioners' role
- Special Educators (Secondary), Samagra Shiksha Kerala
- Leave rule in question
- Rule 101A, Part I, Kerala Service Rules (hysterectomy leave)
- Related rules
- Rule 100 (maternity leave) and Rule 101 (miscarriage leave)
- Deadline for processing leave
- Within 16 weeks
- News agency
- PTI, Kochi, August 7
Quotes
Justice Harisankar V Menon
Judge of the Kerala High Court
“"Orders as above to be issued as expeditiously as possible, at any rate, within a period of 16 weeks."”
theprint.in
Sources
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