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Kerala High Court Closes Plea By Legal Aid Counsel Seeking Maternity Benefit After Being Told Benefits Had Already Been Extended To Them
Manju Elsa Isac
6 March 2025 1:00 PM IST
The Kerala High Court closed the petition filed by 2 Assistant Legal Aid Defense Counsel under the LADCS seeking maternity benefits after taking into account that the maternity benefit under the Maternity Benefit Act has been extended by National Legal Service Authority (NALSA) to the personnel appointed under the Legal Aid Defense Counsel System (LADCS).The order was passed by Justice D....
The Kerala High Court closed the petition filed by 2 Assistant Legal Aid Defense Counsel under the LADCS seeking maternity benefits after taking into account that the maternity benefit under the Maternity Benefit Act has been extended by National Legal Service Authority (NALSA) to the personnel appointed under the Legal Aid Defense Counsel System (LADCS).
The order was passed by Justice D. K. Singh. The communication issued by the NALSA says that the benefit would be applicable even if the maternity benefits exceed the duration of the personnel's contract period.
The writ petitions were filed in the year 2024. One of the petitioners pointed out that the Legal Aid Defense Counsel Scheme of 2022 of NALSA says nothing about maternity benefits, and there was a policy gap regarding the issue.
However, recently, in January 2025, the Under Secretary of NALSA has issued a communication saying that the benefits would be applicable to the personnel appointed under the LADCS Scheme.
NALSA based their decision on the Supreme Court decision in Dr. Kavita Yadav v Secretary. Ministry of Health and Family Welfare (2023), where the Court held that maternity benefits have to be granted to an employee even if the benefit period overshoots the term of contractual employment.
Counsel for the Petitioners: Advocates M. Kabani Dinesh, Rebin Vincent Gralan, Dinesh G. Warrier, Vimal Vijay
Counsel for the Respondents: Advocates S. Krishna, Daya Sindhu Sreehari (DSG)
Case No: WP(C) 36266 of 2024 & Connected Case
Case Title: Edwina Benny v Union of India and Others & Connected Case
Citation: 2025 LiveLaw (Ker) 157