Rajasthan High Court - Jodhpur
Shobha vs State Of Rajasthan ... on 24 May, 2023
Bench: Vinit Kumar Mathur
[2023/RJJD/017069] (1 of 2) [CW-7000/2023]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
S.B. Civil Writ Petition No. 7000/2023
Shobha W/o Ravindra Singh, Aged About 30 Years, R/o.Village
And Post Gangapurcity, Tehsil Gangapurcity, Distt.
Sawaimadhopur (Raj.).
----Petitioner
Versus
1. State Of Rajasthan, Through Its Home Secretary,
Secretariat, Jaipur (Raj.).
2. Director General Of Police, Rajasthan Police Head Quarter,
Lal Kothi, Jaipur.
3. Inspector General Of Police, Bharatpur Range Bharatpur
(Raj.).
4. Superintendent Of Police, Karauli (Raj.).
----Respondents
For Petitioner(s) : Mr. Vinod Jhajharia, through VC
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR
Order
24/05/2023
Heard learned counsel for the petitioner.
The present writ petition has been filed with the following
prayers :-
"(i) by appropriate writ, order or direction in the
nature thereof and thereby direct the respondents to
include the maternity leave period in the probation
period and kindly be considered 26/06/2015 as a
probation period completion date.
(ii) by appropriate writ, order or direction in the
nature thereof and thereby direct the respondents to
grant increment to the petitioner after considering
1/7/2016 as conformation dated instead of 1/7/2018,
and accordingly kindly grant the increment benefit".
However, learned counsel for the petitioner seeks liberty to
approach the respondents by way of filing a representation in the
light of the judgment rendered by this Court in D.B. Special
[2023/RJJD/017069] (2 of 2) [CW-7000/2023]
Appeal Writ No. 376/2021 (State of Rajasthan & Ors. vs.
Smt. Neeraj) decided on 04/08/2021.
The operative part of the said judgment is as under :-
"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".
Thus, the present writ petition is disposed of with liberty to
the petitioner to approach the respondents by way of filing a
representation to the respondents for redressal of his grievances.
In the event of filing such representation by the petitioner, the
respondents shall consider and decide the same strictly in
accordance with law.
The order has been passed based on the submissions made
in the petition, the respondents would be free to examine the
veracity of the submissions made in the petition and only in case,
the averments made therein are found to be correct, the petitioner
would be entitled to the relief.
(VINIT KUMAR MATHUR),J
191-SanjayS/-
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