Rajasthan High Court - Jodhpur
Yasmin Banu Mansoori vs The State Of Rajasthan on 15 March, 2022
Bench: Rekha Borana
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7630/2019
Yasmin Banu Mansoori W/o Shri Mohd. Aasif Pinjara, Aged About
27 Years, Resident Of 165/1, Gandhi Nagar, Chittorgarh (Raj.).
----Petitioner
Versus
1. The State Of Rajasthan, Through The Secretary,
Department Of Secondary Educations, Govt. Of
Rajasthan, Secretariat, Jaipur.
2. The Director, (Secondary Education), Education Bikaner.
3. The District Education Officer (Secondary), Education
Department, Chittorgarh.
4. The Principal, Govt. Girls Secondary School, Dhanetkala,
Block Chittorgarh, District Chittorgarh.
----Respondents
For Petitioner(s) : Mr. Ramesh Purohit
For Respondent(s) : Mr. Hemant Choudhary
HON'BLE MS. JUSTICE REKHA BORANA
Order
15/03/2022
It has been submitted by the learned counsel for the
petitioner that the issue raised in the present writ petition is
squarely covered by a judgment of Division Bench of this Court in
the case of State of Rajasthan & Ors. vs. Smt. Neeraj (D.B.
Special Appeal Writ No.376/2021) decided on 04.08.2021 at
Principal Seat, Jodhpur. Further it has been submitted that relying
upon the judgment as passed in Smt. Neeraj's case (supra) certain
other writ petitions have also been disposed of by a Coordinate
Bench of this Court, lead case being Shalu Vs. State of
Rajasthan & Ors. (S.B. Civil Writ Petition No.2044/2017).
In the case of Shalu (supra), the Court observed as under:
"In the case of the Smt. Neeraj (Supra), the
Division Bench upheld the Single Bench judgment
and inter-alia observed as under:-
(2 of 2) [CW-7630/2019]
"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."
In view of the determination made by the
Division Bench, the petition filed by the petitioners is
disposed of with directions to the respondents that
in case as per the judgments the petitioners are
entitled, grant them relief, in accordance with the
determination made by the learned Single Bench as
well as the Division Bench, copy, whereof, would be
supplied by the petitioner with the respondents.
Needful be done by the respondents within a
period of four weeks from the date a copy of this
order and the judgments is presented by the
petitioners to the competent respondent."
The present writ petition is also disposed of with the same
observations.
(REKHA BORANA),J
44-T.Singh/-
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