Legal Question in Administrative Law in India

i was selected for a central govt. job and during the medical test(nov4th 2012) i found to be pregnant with 9 weeks 4 days. they declared me temporarily unfit and told me to intimate after 3months from delivery. i delivered on may19th 2013 and informed them asking for medical re examination.

i told them i would join from october1st and they accepted. as the day is nearing they are not giving a date for my medical re examination saying that the new batch is yet to be started in 3 to 5 months and they want me to wait till that. my questions:

1. i heard that a lady isn't supposed to be treated unfit unless she is 22 weeks pregnant.?

2. no such medical norm was mentioned by the company in job notification, but they conducted that test to all candidates.?

3. how could they let me wait till the new batch without salary?

plz help me to go through this problem.


Asked on 9/25/13, 11:38 pm

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

27.09.2013

Dear Madam,

1. There are no such rules of pre-medical tests related to pregnancy for any Government or private job, so long as you are deemed fit to do work. In a way you are correct that only if the lady is pregnant for 22 weeks or more, then and only then, she ought to be advised to join service after delivery.

2. As mentioned in point (1) above, pregnancy should not be a criteria or norm for appointment on the job.

3. It is clearly evident that the concerned Department is trying to defer and delay your appointment, for which you should raise your concern to the Establishment to fulfill their commitment of your joining date taking effect from 19th August, 2013.

Regards,

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Answered on 9/27/13, 3:08 am


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