Anjali Sharma D/O Shri Ram Gopal ... vs State Of Rajasthan
2021 Latest Caselaw 6340 Raj/2

       HIGH COURT OF JUDICATURE FOR RAJASTHAN
                   BENCH AT JAIPUR

              S.B. Civil Writ Petition No. 11509/2021
Anjali Sharma D/o Shri Ram Gopal Sharma, Aged About 28
Years, R/o Out Side Holi Khidkiya, Karauli, District Karauli.
Presently Working As Teacher Grade-III (Level-1) In Government
Upper Primary School, Bathua Kho, Block Basedi, District
Dholpur
                                                                   ----Petitioner
                                   Versus
1.      State Of Rajasthan, Through Its Director, Elementary
        Education, Bikaner.
2.      Chief District Education Officer, Udaipur.
3.      Chief Block Elementary Education Officer, Mavli, District
        Udaipur.
4.      Panchayat Elementary Education Officer, Government Sr.
        Secondary School, Govindpura Golwada, Block Mavli,
        District Udaipur.
5.      District Education Officer, Elementary, (H.Q.), Dholpur.
6.      Chief Block Elementary Education Officer, Basedi, District
        Dholpur.
7.      Panchayat Elementary Education Officer, Government Sr.
        Secondary School, Chandpura, Block Basedi, District
        Dholpur.
                                                                ----Respondents

For Petitioner(s)        :     Mr. Vijay Pathak
For Respondent(s)        :     Mr. C.L. Saini, AAG

HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL Order 10/11/2021 Heard learned counsel for the petitioner.

Issue notice. Shri C.L. Saini, learned AAG, present in Court,

is directed to accept notices on behalf of the respondents.

Learned counsel for the petitioner submits that in pursuance

of her appointment as Teacher Grade-III vide order dated

13.02.2021, she joined the services on 15.02.2019 and submitted

(2 of 2) [CW-11509/2021]

an application the same day to proceed on maternity leave as she

has delivered a baby child on 29.01.2019, i.e., before joining the

services. He submitted that her application was not entertained by

the respondents on the premise that she has given birth to the

child before joining the service. He submits that the question of

entitlement to maternity leave in cases where birth of child take

place prior to the date of joining, is no more res-integra and

stands settled in view of the judgments of a co-ordinate Bench of

this Court in case of Neelam Kumari Vs. State of Rajasthan &

Ors.: SBCWP No.20605/2019, dated 30.09.2021 and Shalu

Vs. State of Rajasthan & Ors.: SBCWP No.2044/2017, dated

14.09.2021 and other connected matters and a Division Bench

judgment of this Court in case of State of Rajasthan & Ors. Vs.

Smt. Neeraj: DB Special Appeal Writ No.376/2021. He,

therefore, prays that this writ petition be allowed in similar terms.

Shri C.L. Saini, learned AAG did not dispute the aforesaid

legal position and submitted that the instant writ petition may be

disposed of in terms of direction issued by this Court in case of

Shalu (supra).

In view of the aforesaid, the instant writ petition is allowed.

The petitioner would be entitled to sanction of maternity leave as

provided under the Rules in view of the judgments of this Court

and would also be entitled to all consequential benefits.

(MAHENDAR KUMAR GOYAL),J

MADAN/139

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