Seema Mahawer vs State Of Raj
2022 Latest Caselaw 661 Raj

     HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                          JODHPUR
           S.B. Civil Writ Petition No. 17412/2021

Seema Mahawer D/o Shri Kanhaiya Lal Mahawer, Wife Of Shri
Bhagwan Das Mahawer, Aged About 34 Years, Resident Of House
No. 771, Mahaveer Nagar-Ii, Kota (Raj.) At Present Posted Govt.
Upper Primary School Nevra Gaon, Panchayat Samiti Osiya,
District Jodhpur (Raj.).
                                                        ----Petitioner
                               Versus
1.      State Of Raj., Through Principal Secretary, Village
        Development And Panchayatiraj Department, Govt.
        Secretariat, Jaipur (Raj.)
2.      Director, Elementary Education, Bikaner (Raj.)
3.      Chief Executive Officer, Zila Parishad, Jodhpur (Raj.)
4.      Head Master, Govt. Upper Primary School Nevra Gaon,
        Panchayat Samiti Osiya, District Jodhpur (Raj.)
                                                    ----Respondents


For Petitioner(s)         :    Mr. OP Sangwa, on VC
For Respondent(s)         :    Mr. Pankaj Sharma, AAG



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

                                    Order

12/01/2022

1.   In wake of instant surge in COVID-19 cases and spread of its

highly infectious Omicron variant, the lawyers have been advised

to refrain from coming to the Courts.

2.   Learned counsel for the parties jointly submit that the

controversy involved in the present writ petition is squarely

covered by judgment of this Court rendered in case of SB Civil

Writ Petition No.4384/2020 (Neeraj Vs. State of Rajasthan & Ors.)

decided on 07.12.2020. The operative portion of the judgment

rendered in the case of Neeraj (supra) reads thus:
     "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


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                                                                              (2 of 2)                      [CW-17412/2021]


                                        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."

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

                                   4.   The petitioner, who has given birth to a child on 27.10.2021

                                   and joined the services on 23.11.2021, shall be entitled for

                                   maternity leave as held by this Court in the case of Neeraj

                                   (supra).

                                   5.    Stay application also stands disposed of.



                                                                   (DR.PUSHPENDRA SINGH BHATI),J.

93-nirmala/Sanjay-

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