Rajasthan High Court - Jodhpur
State Of Rajasthan vs Bimala Barkesiya (2025:Rj-Jd:26-Db) on 2 January, 2025
Bench: Pushpendra Singh Bhati, Rekha Borana
[2025:RJ-JD:26-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 383/2021
1. State Of Rajasthan, Through The Director Of Secondary
Education, Bikaner, Rajasthan.
2. Deputy Director Of Secondary Education, Churu,
Rajasthan.
3. District Education Officer Secondary (First), Sikar,
Rajasthan.
4. Principal, Govt. Sec. School, Bhunwala (Dhod), District-
Sikar, Rajasthan.
----Appellants
Versus
Bimala Barkesiya W/o Shri Prakash Chand, Aged About 24 Years,
Tipnya Ki Dhani, Banura, Tehsil- Dantaramgarh, District Sikar
(Raj.)
----Respondent
For Appellant(s) : Mr. B.L. Bhati, AAG with
Mr. Deepak Chandak, AAAG
For Respondent(s) : Mr. Bhavit Sharma
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MS. JUSTICE REKHA BORANA
Order
02/01/2025
1. The instant appeal has been preferred claiming the following
relief:-
"It is, therefore, most respectfully prayed that
the Special Appeal (writ) may kindly be allowed and
order dated 04.01.2021 passed by learned Single
Judge in S.B. Civil Writ Petition No.17393/2018 may
kindly be quashed and set aside the with all
consequential effects and writ petition be dismissed."
[2025:RJ-JD:26-DB] (2 of 3) [SAW-383/2021]
2. Learned counsel for the respondent has drawn attention of
this Court towards the judgment passed by a coordinate Bench of
this Court in D.B. Special Appeal Writ No.376/2021 (State of
Rajasthan & Ors. Vs. Smt. Neeraj) decided on 04.08.2021. The
operative portion of the said judgment reads as follows:-
"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."
3. Since the impugned order dated 04.01.2021 passed by the
learned Single Bench of this Court in S.B. Civil Writ Petition
No.17393/2018 is directly based on the aforementioned judgment,
therefore, the controversy no more survives.
[2025:RJ-JD:26-DB] (3 of 3) [SAW-383/2021]
4. Thus, in light of the aforesaid judgment passed by a
coordinate Bench of this Hon'ble Court in State of Rajasthan &
Ors. Vs. Smt. Neeraj (supra), the instant appeal is also dismissed.
(REKHA BORANA),J (DR.PUSHPENDRA SINGH BHATI),J
6-nirmala/-
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