Bimala Barkesiya vs State Of Rajasthan
2021 Latest Caselaw 18 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 17393/2018

Bimala Barkesiya W/o Shri Prakash Chand, Aged About 24 Years, Tipnya Ki Dhani, Banura, Tehsil- Dantaramgarh, District- Sikar (Rajasthan)

----Petitioner Versus

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, Government Sec. School, Bhunwala (Dhod), District-Sikar, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Manoj Purohit (through VC) For Respondent(s) : Mr. Pankaj Sharma, AAG (through VC)

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

04/01/2021

The matter comes up on an application filed by the petitioner

seeking early disposal of the writ petition.

For the reasons mentioned in the application, supported by

affidavit, the same is allowed.

The matter is taken up for orders.

It is submitted by learned counsel for the petitioner that the

issue raised in the present writ petition is squarely covered by the

judgment in Smt. Neeraj v. State of Rajasthan & Ors. : S.B. Civil

(2 of 2) [CW-17393/2018]

Writ Petition No.4384/2020, decided on 07.12.2020, whereby a

similar nature writ petition has been allowed.

In the case of Smt. Neeraj (supra), it was, inter-alia,

directed by the Co-ordinate Bench as under :-

"47. As an upshot of discussion aforesaid, this Court reaches to an irresistible conclusion that petitioner is entitled for grant of maternity leave in terms of Rule 103 of the RSR, irrespective of the fact that she had given birth to the child prior to her joining Government service.

48. Impugned orders dated 13.08.2018; 17.07.2019; and 21.11.2019, thus, deserve to be, and are hereby quashed.

49. Petitioner's sanctioned leave of 142 days shall be treated as maternity leave.

50. As a necessary corollary, petitioner shall be entitled to salary for the period of such leave, in accordance with Rule 103 of the RSR and shall be deemed confirmed w.e.f. 05.06.2018 (on completion of two years' service from the date of her joining).

51. Consequences to follow; needful be done within three months from today.

52. With a view to harmonize the provisions, upon combined reading of Rule 103 and 103A of the RSR, it is declared that a female Government servant is entitled to avail maternity leave, if she joins within the period of confinement, i.e. 15 days before to three months after the child birth, regardless of the fact that the child was born prior to joining or before issuance of appointment order.

53. Petition allowed. Cost made easy.

54. Stay application also stands disposed of."

Learned counsel for the respondent is not in a position to

dispute that the issue raised stands covered by the judgment in

the case of Smt. Neeraj (supra).

In view of the above fact situation, the writ petition filed by

the petitioner is allowed in light of and the similar direction as

given in the case of Smt. Neeraj (supra).

However, in the present matter the period of sanctioned

leave would be 125 days instead of 142 days as ordered to be

treated as maternity leave in the case of Smt. Neeraj (supra).

(ARUN BHANSALI),J

100-Rmathur/-

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