Sonia Bhobia vs State Of Rajasthan
2022 Latest Caselaw 8451 Raj

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Civil Writ Petition No. 1010/2021

Sonia Bhobia D/o Shri Ramswaroop Bhobia, Aged About 32 Years, R/o Mohar Singh Chowk, Ward No. 14, Purani Aabadi, District Sri Ganganagar, Rajasthan.

----Petitioner Versus

1. State Of Rajasthan, Through The Principal Secretary Department Of Education, Government Of Rajasthan, Jaipur, Rajasthan.

2. The Director, Directorate Of Secondary Education, Bikaner, Rajasthan.

3. District Education Officer (Head Quarter), Secondary Education, Bikaner, Rajasthan.

----Respondents

For Petitioner(s) : Mr. Ankit Choudhary. For Respondent(s) : Mr. Hemant Choudhary, G.C.

Mr. Vishal Jangid, Dy. G.C.

HON'BLE MR. JUSTICE ARUN BHANSALI

Order

29/06/2022

This writ petition has been filed by the petitioner aggrieved

against non-grant of maternity leave to the petitioner.

Learned counsel for the petitioner submits that the issue

raised in the present writ petition is squarely covered by judgment

in the case of Smt. Neeraj v. State of Rajasthan : S.B. Civil Writ

Petition No.4384/2020 decided on 07.12.2020 and affirmed by

Division Bench in State of Rajasthan v. Smt. Neeraj (DBSAW No.

376/2021) decided on 04.08.2021.

The Division Bench in the case of Smt. Neeraj held as

under:-

(2 of 2) [CW-1010/2021]

"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."

Learned counsel for the respondents is not in a position to

contradict the fact that the rejection made only on account of

interpretation of Rule 103 is contrary to the Division Bench

decision.

In view of the above, the writ petition filed by the petitioner

is allowed. The respondents are directed to decide the application

of the petitioner and grant her consequential benefits in terms of

the judgments of this Court in the case of Smt. Neeraj (S.B.& D.B.

Both).

Needful may be done within a period of three weeks from the

date a copy of this order is placed by the petitioner alongwith both

the judgments before the competent authority.

(ARUN BHANSALI),J 171-PKS/-

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