Karnataka HC asks government to continue outsourced employee removed after maternity leave until regular appointment made

After she conceived her second child, she submitted a letter seeking maternity leave from May 6, 2023 to August 31, 2023. On September 1, 2023, she returned but she was orally told that another person was already posted there.

Hubballi: In a benchmark judgement, Karnataka High Court, Dharwad Bench directed the state government to continue an outsourced lady employee—who was removed from the service after she took maternity leave—to work until the regular appointment is made.

Chandbi Baligar of Hirehadagali in Vijayanagara district was appointed on a contract basis to the post of an accountant at Raitha Samparka Kendra (Kasaba) in Huvinahadagali in 2014 June for a year.

After a year, although the contractor changed, her employment continued, without there being any fresh agreement with the new contractor and the new agency continued to pay her salary.

After she conceived her second child, she submitted a letter seeking maternity leave from May 6, 2023 to August 31, 2023. On September 1, 2023, she returned and reported herself before Huvinahadagali Agricultural Officer expressing her willingness to continue work, but she was orally told that another person was already posted there.

Later, she approached the Assistant Director of Agriculture, seeking redressal of her grievance. She even approached other officials but only oral sympathetic assurance was given and no concrete action was taken by the authorities concerned to address her grievance.

As a last resort, she knocked on the doors of the High Court in January 2024. Advocate Roshan Chabbi, filed a Writ Petition in this regard before the Karnataka High Court, Dharwad Bench.

Entitled for arrears

After hearing the case, Justice M G S Kamal directed the Vijayanagara district Joint Director of Agriculture and Agriculture Officer of Raitha Samparka Kendra in Huvinahadagali to permit the petitioner to assume charge of the accountant and to continue her employment, until a regular appointment is made for the accountant’s post.

The court also said that the petitioner is entitled to get back wages and asked the respondent authorities to ensure payment of the same along with all the benefits as contemplated under the Maternity Benefits Act 1961. The court also asked the respondent authorities to pay Rs 25,000 towards the cost of the petition to the petitioner.

Advocate Roshan Chabbi said that continuously engaging the same contractual employee for a long period for work is a threat and hindrance to achieving socio-economic justice in the country. The state, which is under obligation to act like a model employer, should not adopt the practice of engaging contractual employees that is perennial in nature, he opined.