Kochi: In a gronudbreaking ruling for gender welfare and employment rights, the Kerala High Court has affirmed that female contractual staff employed in government-funded projects are eligible for paid medical leave following hysterectomy surgery under the Kerala Service Rules (KSR).

The court noted that since essential benefits like maternity and miscarriage leave have already been granted to temporary staff, denying them hysterectomy leave under the same legal framework lacks any rational or technical foundation.

Justice Harisankar V Menon delivered the verdict while ruling on petitions filed by Nisha Jose and Moly P C, who serve as Special Educators (Secondary) under Samagra Shiksha Kerala on a contractual basis. Both petitioners had undergone hysterectomy surgeries and submitted medical leave applications backed by valid health certificates.

Their applications were initially turned down by the state government on the grounds that the official order extending maternity leave (under Rule 100) and miscarriage leave (under Rule 101) of KSR Part I to contractual workers did not explicitly mention hysterectomy leave under Rule 101A.

Dismissing this administrative distinction, the High Court observed that the core objective of Rule 101A is to ensure women have adequate recovery time following major surgery. Contractual workers cannot be excluded from such welfare measures simply because a specific rule was omitted from a government notification.

Addressing the state government’s argument that one case involved surgery for uterine fibroids rather than a simple hysterectomy, the court clarified, “But, ultimately, in the case of fibroid also, the hysterectomy has been carried out, as evidenced by the medical certificate,” the court said.

Quashing the government order that rejected the petitioners’ leave applications, the High Court instructed state authorities to process their requests without delay.

“Orders as above to be issued as expeditiously as possible, at any rate, within a period of 16 weeks,” the court said.

 

PTI