CWP 2951/01 //1// In the High Court of Judicature for Rajasthan Jaipur Bench ** Civil Writ Petition No.2951/2001 Smt. Seema Sharma Versus State & (3) Ors. Date of Order ::: 19/03/08 Hon'ble Mr. Justice Ajay Rastogi Mr. BB Pareek, for petitioner Mr. Vijay Dutt, Dy.Govt. Adv., for State Instant petition has been filed assailing order dt.31/01/01 (Ann.2) whereby application seeking sanction of maternity leave was rejected by respondents authority on the premise that benefit of maternity leave has been extended twice in favour of petitioner and Rule 103 of Rajasthan Service Rules, (“R.S.R.”) does not permit to grant further benefit. Petitioner is serving as Teacher Gr.III in Govt. Middle School. She firstly availed of leave for 42 days (from 24/07/96 to 03/09/96) equivalent to six weeks, during which there was abortion because of miscarriage; and thereafter availed of maternity leave for ninety days (from 05/11/97 to 02/02/98) during which she gave birth to a female child on 05/12/97. Thereafter she again applied for maternity leave for 120 days (from 15/01/01) for giving birth to second child (female) on CWP 2951/01 //2// 21/03/01, which was rejected vide order (Ann.2). Basic premise for rejection of maternity leave applied for from 15/01/01 was that twice maternity leave was sanctioned besides maternity leave in question. R.103 reads ad infra: “Rule 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 drawn 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.” Rule 103 of RSR provides for availing of benefit of maternity leave atleast for two occasions, and if there is no surviving child, even after availing of maternity leave twice, maternity leave can be sanctioned for one more occasion. As regards petitioner, it has been specifically averred in para 5 of the writ CWP 2951/01 //3// petition that on the first time referred to by respondents, in fact she availed of 42 days (six weeks) leave as there was abortion due to miscarriage; as such maternity leave from 15/01/01 in fact was applied for second time, and is covered U/r 103 of RSR. Her case is covered even under provisions, referred to in para 7 of the reply. Therefore, rejection of application of petitioner for grant of maternity leave vide order (Ann.2) is not legally sustainable. Consequently, writ petition is hereby allowed alongwith stay petition. Order dt. 31/01/2001 (Ann.2) is hereby quashed and set aside. Respondents are directed to release sanction of maternity leave for the period of 120 days in question referred to in order (Ann.2) in favour of petitioner, alongwith consequential benefits flowing therefrom, within a period of three months. No order as to costs. (Ajay Rastogi), J. K.Khatri/p3/2951CWP01mtrnlv.doc