The Kerala High Court has extended the benefit of paid medical leave following hysterectomy surgery to women employees engaged on a contractual basis in government-funded projects. This decision was made under the Kerala Service Rules, which provide for welfare benefits such as maternity and miscarriage leave to contractual employees.
In its order, the court stated that there was no rational or technical basis to deny contractual employees the benefit of hysterectomy leave under the same service rules. This ruling was made while allowing petitions filed by two Special Educators (Secondary) working under Samagra Shiksha Kerala, whose applications for medical leave were initially rejected by the state government.
The petitioners, Nisha Jose and Moly P C, had undergone hysterectomy surgeries and applied for medical leave supported by medical certificates. However, the state government rejected their applications, arguing that the Government Order extending maternity and miscarriage leave to contractual employees did not specifically mention hysterectomy leave.
The court observed that the object of Rule 101A, which provides for hysterectomy leave, was to give women employees sufficient time to recover from the surgery. It stated that contractual employees could not be excluded from this welfare measure merely because the rule was not specifically mentioned in the government order.
The Government Pleader attempted to argue that the case was not one of hysterectomy, but rather an operation to treat fibroids. However, the court countered that the medical certificate showed that a hysterectomy had indeed been performed.
As a result, the court quashed the government order and directed the Government to process the leave application submitted by the petitioners. The court ordered that this be done as expeditiously as possible, within a period of 16 weeks.
