CW 616/07 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.616/07 Smt. Razia Khan Versus State & Ors. DATE OF ORDER : 10/09/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Mr. Anupam Agrawal, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by petitioner assailing order Ann.6 dt.15th June, 2005 whereby period of maternity leave which was earlier sanctioned vide order Ann.4 dt.29th April, 2005 was cancelled by the respondents without affording opportunity of hearing to the petitioner. Petitioner is serving as Teacher Gr.III and earlier availed maternity leave from 8th December, 1997 to 8th January, 1998. Because of abortion which took place on 8th December, 1997 later on she took maternity leave in 2000 and gave birth to a girl child on 28th June, 2000 which was duly sanctioned by the authority on 22nd December, 2000. Thereafter, she again took maternity leave from 1st December, 2004 to 14th April, 2005 when gave birth to second child on 1st December, 2004. This maternity leave was duly sanctioned by the authority vide order Ann.4 dt.29th April, 2005. However, without assigning any reason, the same was cancelled vide order CW 616/07 [2] Ann.6 dt.15th June, 2005. Counsel for petitioner submits that under R.103 of Rajasthan Service Rules, it is clear that for two surviving children a female Government servant is entitled for grant of maternity leave upto the period of 135 days under the scheme of rules. Rule 103 of R.S.R., which pertains to maternity leave reads as under : - “103. Maternity Leave.- Maternity leave may be granted to a female Government servant with less than two surviving children upto a period of 135 days from the date of its commencement. However, if there is no surviving child even after availing it twice, Maternity Leave may be granted on one more occasion. During such period, she will be entitled to leave salary equal to pay drawing immediately before proceeding on leave. Such leave shall not be debited to the leave account but such entry should be made in the service book separately. NOTE Maternity leave may also be granted to a female Government servant with less than two surviving children, in case of miscarriage including abortion, either once or twice subject to total of six weeks during the entire service provided that the application for leave is supported by a certificate from the authorized medical attendant.” Respondents have filed reply to the writ CW 616/07 [3] petition, however, reiterated the same that since she had earlier availed maternity leave twice; as such is not admissible to her and has rightly been rejected. It appears from the record that respondents have failed to examine R.103 of RSR which clearly provides that a female government servant can avail maternity leave for two surviving children and a note added thereto makes it clear that grant of maternity leave to a female government servant with less than two surviving children in case of miscarriage including abortion during entire service will be considered for the purpose of grant of maternity leave availed by a female government servant in the light of R.103 of RSR. In opinion of this court, rejecting claim of the petitioner for grant of maternity leave vide order Ann.6 dt.15th June, 2005 is not legally sustainable. Earlier, she approached Lok Adalat also but R.103 has not been examined in right perspective. Consequently, writ petition stands allowed. Order (Ann.6) dt.15th June, 2005 & Ann.8 dt.30th November, 2006 passed by Lok Adalat are hereby quashed and set aside. Respondents are directed to make payment of maternity leave availed by petitioner as referred to in Ann.4. Compliance be made within three months. No order as to costs. [AJAY RASTOGI], J. FRBOHRA616CW07 10-9.doc