IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 17TH JANUARY 2011 / 27TH POUSHA 1932 WP(C).No. 829 of 2011(C) ------------------------ PETITIONER(S): --------------- JISHA.P.JAYAN, D/O. JAYAGOPAL, AGED 28, RESIDING AT WEST COMBARA, IRINGALAKKUDA, THRISSUR DIST. PIN-680121. BY ADV. SRI.A.G.BASIL RESPONDENT(S): --------------- 1. THE SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, REPRESENTED BY ITS REGISTRAR, KALADY.P.O.,ERNAKULAM DIST-683574. 2. THE VICE CHANCELLOR, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, KALADY.P.O., ERNAKULAM DIST-683574. 3. THE SECRETARY TO GOVERNMENT, DEPARTMENT OF HEALTH AND FAMILY WELFARE GOVERNMENT OF KERALA, THIRUVANANTHAPURAM-695001. SHRI P.K.VIJAYAMOHAN GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.829/2011-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 17th day of January, 2011 J U D G M E N T The petitioner, while working as Junior Computer Scientist in the Tamil University, Thanjavur joined as Technical Assistant in the Computer Centre and Student Web Centre of the first respondent-Sree Sankaracharya University of Sanskrit on contract basis with a monthly pay of Rs.15,000/- It is averred in the writ petition that the said project of the first respondent- University is one sponsored by the University Grants Commission. The appointment order stipulates that an extension will be granted on request of the party for a further term of 3 years. It is pointed out that the appointment was done after a due process also. 2. She joined the University on 16/10/2009. At the time of joining, she was of the expectation that she will continue for a period of three years. 3. The petitioner, it appears, filed an application for the grant of maternity leave as per Ext.P3 dated 24/09/2010 for the period from 04/10/2010 to 01/04/2011. It is submitted that she delivered a W.P.(C). No.829/2011 -:2:- child on 05/10/2010 and was discharged on 12/10/2010 from CCMK Health Care Hospital at Chalakkudy. Ext.P4 Certificate is produced in support of the above plea. According to her, she has not received any salary/remuneration for the period from 04/10/2010 to 01/04/2011. 4. The petitioner, finally by Ext.P5 representation, requested the Vice Chancellor to disburse salary for the period on maternity leave and expressed her willingness to serve the University by extension of the period of the contract after availing maternity leave as per the Rules. According to her, she is entitled for the maternity leave in terms of the Maternity Benefit Act, 1961 and the provisions of the Kerala Service Rules. 5. Heard the learned Standing Counsel for the University. It is upto the competent authority among the respondents to take a decision in the matter. The learned counsel for the petitioner submitted that no reply or orders have been received on the leave application. The representation has also not been W.P.(C). No.829/2011 -:3:- answered. Therefore, there will be a direction to respondent Nos.1 and 2 to consider the representation as well as the leave application and communicate the decision thereof to the petitioner within a period of one month from the date of production of a copy of this Judgment. The writ petition is disposed of as above. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms \\TRUE COPY// P.A TO JUDGE