Rajasthan High Court - Jodhpur
State Of Rajasthan vs Bimala Barkesiya (2025:Rj-Jd:26-Db) on 2 January, 2025
Bench: Pushpendra Singh Bhati, Rekha Borana
[2025:RJ-JD:26-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 383/2021
1. State Of Rajasthan, Through The Director Of Secondary
Education, Bikaner, Rajasthan.
2. Deputy Director Of Secondary Education, Churu,
Rajasthan.
3. District Education Officer Secondary (First), Sikar,
Rajasthan.
4. Principal, Govt. Sec. School, Bhunwala (Dhod), District-
Sikar, Rajasthan.
----Appellants
Versus
Bimala Barkesiya W/o Shri Prakash Chand, Aged About 24 Years,
Tipnya Ki Dhani, Banura, Tehsil- Dantaramgarh, District Sikar
(Raj.)
----Respondent
For Appellant(s) : Mr. B.L. Bhati, AAG with
Mr. Deepak Chandak, AAAG
For Respondent(s) : Mr. Bhavit Sharma
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MS. JUSTICE REKHA BORANA Order 02/01/2025
1. The instant appeal has been preferred claiming the following relief:-
"It is, therefore, most respectfully prayed that the Special Appeal (writ) may kindly be allowed and order dated 04.01.2021 passed by learned Single Judge in S.B. Civil Writ Petition No.17393/2018 may kindly be quashed and set aside the with all consequential effects and writ petition be dismissed."(Downloaded on 03/01/2025 at 11:23:48 PM)
[2025:RJ-JD:26-DB] (2 of 3) [SAW-383/2021]
2. Learned counsel for the respondent has drawn attention of this Court towards the judgment passed by a coordinate Bench of this Court in D.B. Special Appeal Writ No.376/2021 (State of Rajasthan & Ors. Vs. Smt. Neeraj) decided on 04.08.2021. The operative portion of the said judgment reads as follows:-
"We are in complete agreement with the view taken by the learned Single Judge that since it is a beneficial legislation and if a female government servant is giving birth to a child within the stipulated period of confinement i.e. 15 days before to three months after the birth of the child, she will be entitled to maternity leave. The argument of the learned Additional Advocate General that the respondent was not a Government Servant at the time of delivery of a child has no merit and therefore, the same is liable to be rejected in the light of the discussions made hereinabove. It is reiterated that the purpose and intention of the rule-making authority is to facilitate the female government employees by extending the benefit of maternity leave at the time of delivery of the child.
In view of the discussions made above, the judgment dated 07.12.2020 passed by learned Single Judge is upheld and the appeal is dismissed being bereft of merit."
3. Since the impugned order dated 04.01.2021 passed by the learned Single Bench of this Court in S.B. Civil Writ Petition No.17393/2018 is directly based on the aforementioned judgment, therefore, the controversy no more survives. (Downloaded on 03/01/2025 at 11:23:48 PM)
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4. Thus, in light of the aforesaid judgment passed by a coordinate Bench of this Hon'ble Court in State of Rajasthan & Ors. Vs. Smt. Neeraj (supra), the instant appeal is also dismissed. (REKHA BORANA),J (DR.PUSHPENDRA SINGH BHATI),J 6-nirmala/-
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