Delhi High Court Directs RBI To Reconsider Its Policy Of Excluding Pregnancy Complications Cases From Grant Of Advance Sick Leave

Hearing a plea moved by a female employee of Reserve Bank of India (RBI), the Delhi High Court has directed the regulatory body to reconsider its master circular which excludes the cases of medical complications arising due to pregnancy from grant of advance sick leave to the employees.

Justice Jyoti Singh was hearing a plea moved by an Assistant Manager of RBI seeking a direction that the issues or complications arising out of pregnancy be treated as covered under para 6.5 of the Master Circular issued by the regulatory body on July 1, 2020 01.07.2020.

The plea also sought direction for grant of advance sick leave to her as per para 6.5 with consequential benefits of salary and allowances after adjusting her absence for the period of her leave.

As per para 6.5 of the master circular, advance sick leave up to 180 days on half leave pay may be granted to whole time confirmed employees of RBI in "genuine cases of illness requiring prolonged treatment or hospitalization."

The court said para 6.5 makes reference to ailments such as tuberculosis, mental derangement, etc., however, significantly, words 'such as' and 'etc.' are also to be found in the said paragraph, which reflects the intent behind the provisions of para 6.5 that the list of illnesses mentioned therein is merely inclusive and not exhaustive.

While agreeing with the submission of RBI's counsel that pregnancy cannot strictly be termed as an illness, Justice Singh observed that it cannot be disputed or overlooked that in some cases, serious medical complications can arise even during pregnancy, requiring surgery or hospitalization.

"Relevant it is to note that there is no prohibition or proscription in para 6.5, which prevents the Respondent from treating the case of medical complications arising out of pregnancy as one covered under the said provision, for grant of advance sick leave," the court said.

Observing that the matter requires to be revisited by the RBI, the court said:

"…this Court deems it appropriate to direct the Respondent to revisit and reconsider the applicability of para 6.5 of the Master Circular to the case of the Petitioner, in light of the issues flagged by her in the present petition."

It was the petitioner's case that she had applied for casual leave from November 9, 2020 due to ill health of her relative and travelled out of station. However, she herself fell ill and had to take treatment in Bhopal due to which she could not return to Delhi on November 15, 2020.

The petitioner sought sanction for sick leave from November 14, 2020 to November 27, 2020. Later, she and her family members contracted COVID-19 and had to be quarantined till December 13, 2020. She was also advised bed rest on account of complications arising out of pregnancy.

She offered to work from home, requested for adjustment of her balance leave and for grant of advance sick leave, which was declined by RBI. Her request for advance sick leave was declined vide an e-mail on March 11, 2021.

The court was told that suffering from various antenatal complications including preeclampsia, which was leading to serious health issues and she was advised complete bed rest and treatment and thus, there was no reason to deny to her the benefits of advance sick leave under the Master Circular. 

Directing the regulatory body to reconsider the circular, the court asked the petitioner to furnish medical documents in support of her claim for advance sick leave to the RBI. It added that upon receipt of the documents, the bank shall take a decision and pass a speaking order.

"While this Court is leaving the matter to the Respondent to reconsider and re-examine applicability of para 6.5 of the Master Circular, it needs to be penned down there are various beneficial and benevolent Legislations such as Maternity Benefit Act, 1961 and Employees' State Insurance Act, 1948, which provide for various kinds of leaves in addition to maternity leave for illnesses arising out of pregnancy, delivery, pre-mature birth, etc," it said.

Justice Singh added that the decision shall be taken within a period of eight weeks from receipt of the medical documents from the petitioner, adding that a reasoned order shall be passed, which shall be communicated to the employee.

Title: SUCHITA SHRIVASTAVA v. RESERVE BANK OF INDIA

Citation: 2022 LiveLaw (Del) 1199

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