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The Hindu
a day ago
- Health
- The Hindu
‘Maternity period has to be counted as part of bond period'
Granting relief to a doctor, the Madurai Bench of the Madras High Court has held that the maternity period of 12 months has to be counted as part of the bond period and directed Thanjavur Medical College to return her certificates. The court was hearing an appeal filed by E. Krithikaa who obtained her MBBS degree in 2014. She was allotted a seat in MS (General Surgery) in Thanjavur Medical College for the academic year 2016-17 which was a three year course. As per the prospectus for admission to postgraduate courses in Tamil Nadu Government Medical Colleges (2016-19), the candidate should sign a bond for a sum of ₹40 lakh with an undertaking that he/she would serve the State for a period of not less than two years. In addition, the candidate was required to submit the original educational certificates to the medical college. The appellant had signed the bond and also submitted her original certificates. After the appellant obtained her PG degree, she was appointed as Assistant Surgeon at Thittakudi Government Hospital in 2019. She reported for duty and served in the hospital for 12 months. Following her pregnancy, she went on maternity leave. Since she had served the government only for 12 months and not for 24 months of bond service, the hospital authorities declined to return her original certificates. A Division Bench of Justices G.R. Swaminathan and K. Rajasekar observed that the condition set out in the prospectus has to give way to the rights conferred on women under the provisions of the Maternity Benefit Act, 1961. The Supreme Court declared that women have a fundamental right to benefits arising out of the situation of maternity. Maternity leave was integral to maternity benefit and forms a facet of Article 21 of the Constitution. The court observed that the appellant no doubt is not a government employee. She is only obliged to render bond service to the government for two years. But a regular State government employee is entitled to avail maternity leave for 12 months as per the amended Service Rules. The appellant was also entitled to the very same treatment applicable to any government employee. The fact that she was only in the service of the government without being a regular employee is irrelevant. When the fundamental right of the appellant is involved, she is entitled to the protective umbrella of not only Article 21 but also Article 14. Applying the legal fiction laid down in Kavita Yadav case, the appellant must be taken to have served the government even during her maternity period. In other words, the maternity period of 12 months has to be counted as part of the bond period, the court observed.
The Hindu
13-05-2025
- Politics
- The Hindu
When Nizam-era Hyderabad ensured pilgrimage parity
In 1934, the Hyderabad State used to grant six months of paid leave to employees of the Nizam's government to undertake pilgrimages to Islamic holy sites such as Mecca and Medina (in present-day Saudi Arabia), Mashhad (in Iran), and other significant places like Najaf, Karbala, and Baghdad (in present-day Iraq), as well as Jerusalem. This privilege was rooted in the Service Rules, which formally permitted such leave for religious duties. The policy came under review when Ram Swaroop Tandon, a Hindu employee in the Nizam's administration, submitted a petition seeking similar leave for a pilgrimage. His request triggered internal deliberations across departments, raising important questions about the existing rules, the need for equitable treatment of employees from different faiths, the religious diversity of Hyderabad State and the geographical realities of pilgrimage in India. A file preserved at the Telangana State Archives and Research Institute (TSARI) details how the petition was handled. It was first examined by the Law Department and later referred to the Finance Department. The latter noted that, according to the Service Rules, Muslim employees were explicitly permitted to avail leave for pilgrimages to Mecca for Haj, Medina for the Prophet's Mosque, and Shia holy sites such as Najaf, Karbala, and Baghdad, apart from Jerusalem. 'Given that Jerusalem was mentioned, it was noted that Christians and Jews in the Nizam's employ could also make use of this concession. When Tandon's request came, the government took up his case and decided to grant leave to Hindus on similar lines. It was noted that pilgrimage locations within India — Badrinath, Puri Jagannath, Rameshwaram, Dwarkanath, Prayag, Kashi and Gaya, were tough to reach,' Zareena Parveen of TSARI, who studied the file, said. The file shows that Gangotri and Yamunotri were also considered as pilgrimage sites. The deliberations, recorded in the file, dwelt upon modes of transport, and connectivity by means of railways, to reach these pilgrimage sites. For, the railway line took one only up to Haridwar. At best, a person could walk 10 miles a day. This, from a total journey of around 835 miles, the file notes. 'The six-month leave was made available for all personnel of para military forces for a very long time,' says. 'However, the rule was not made available for other government servants in civilian roles. The time taken to walk over the difficult and hilly terrain was also spoken about in detail.' At that time, the Prime Minister was Maharaja Kishen Pershad, a Punjabi Khatri. A council, including Pershad, convened and resolved to bring about the legislation which would allow Hindu employees to make yatras. In July 1934, a firman was issued amending the Service Rules, officially granting Hindu employees six months of leave with advance salary to undertake religious yatras.
