1 S.B. WRIT PETITION NO.1140/2007 Smt. Sadhna Shrimali Vs. State of Rajasthan DATE OF ORDER : 2.4.2008 HON'BLE MR JUSTICE GOVIND MATHUR Mr. H.S. Shrimali, for the petitioner. Mr. B.L. Bhati, Dy. Govt. Counsel. **** By this petition for writ the petitioner has claimed for maternity leave as per the provisions of Section 103 Rajasthan Service Rules, 1951. The facts of the case in brief are that the petitioner, an employee of the Department of Education, availed maternity leave from 16.8.2002 to 12.12.2002. A leave of 42 days was also availed by her from 5.10.2003 to 15.11.2003 due to miscarriage. She also applied for maternity leave from 1.7.2006 but that was rejected by the District Education Officer (Secondary), Rajsamand. By an another order dated 22.11.2006 the maternity leave commencing from 1.7.2006 to 10.11.2006 was allowed by the Head Mistress, Government Girls Secondary School, Charbhuja. The District Education Officer (Secondary), Rajsamand subsequently passed an order dated 1.2.2007 recalling the order dated 22.11.2006 passed by the Head Mistress, Government Girls School, Charbhuja. He also restored the order dated 26.10.2006 denying maternity leave to the petitioner from 1.7.2006. 2 The contention of learned counsel for the petitioner is that the denial of maternity leave under the under dated 26.10.2006 is illegal in view of the provisions of Section 103 of the Rajasthan Service Rules, 1951 that 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. 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 one 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.” Having considered the arguments advanced and specially in view of the note given under Rule 103 of the Rules of 1951, I am satisfied that maternity leave may also be granted to a female government servant with less than two surviving children in case of miscarriage including abortion. In the instant matter it is not in dispute that while applying for maternity leave from 1.7.2006 the petitioner was having children less than two and her second maternity leave of 42 days was relating to miscarriage. In these circumstances the denial of maternity leave to the petitioner for the term commencing from 1.7.2006 to 10.11.2006 for a term of 133 days is not in consonance with the provisions of Rule 103 of the Rajasthan Service Rules. 3 The petition for writ is accordingly allowed. The order 1.2.2007 passed by the District Education Officer is quashed. The petitioner is declared entitled to avail maternity leave from 1.7.2006 to 10.11.2006 for a term of 133 days as per the provisions of Rule 103 of the Rajasthan Service Rules, 1951. No order as to cost. (GOVIND MATHUR),J. Jgoyal