CW 8614/06 [1] IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH S.B. Civil Writ Petition No.8614/06 Shashi Bala Yadav Versus State & Ors. DATE OF ORDER : 20/11/2008 HON'BLE MR. JUSTICE AJAY RASTOGI Ms. Shashi Sharma, for petitioner Mr. J.K. Agrawal, Addl. Govt. Counsel, for State *** Instant petition has been filed by the petitioner seeking benefit of maternity leave in terms of R.103 of Rajasthan Service Rules. Petitioner was initially appointed as Nurse Gr.II on urgent temporary basis on a consolidated sum of Rs.4500/- per month vide order Ann.1 dt.22nd January, 2000. While in service, she proceeded on maternity leave by submitting application for the period from 13th August, 2001 to 30th November, 2001. After legal notice was served, she was informed that matter has been sent to the Government for approval, but the authority failed to sanction period of maternity leave. Counsel for petitioner submits that she was appointed on urgent temporary basis and being female government servant, no distinction can be made with regard to status of a government CW 8614/06 [2] servant making entitlement for grant of maternity leave under R.103 of Rules. No reply to the writ petition has been filed by the respondents despite service. Counsel for respondents submits that petitioner was appointed on a consolidated sum of Rs.4500/-. As such, she is not entitled for the benefit of maternity leave as claimed under R.103 of Rules. However, in terms of circular issued by the Government dt.6.11.2007 female government employees appointed on contract basis are entitled for maternity leave only for two months and beyond two months, they are entitled for grant of leave without pay for two and half months. A co-ordinate Bench of this Court in Dr.(Smt) Hemlata Saraswat Vs. State (2008(2) WLC 638) considered scheme of R.103 of RSR in details and observed ad infra: “22. The petitioner, even if working on contract basis, has entered into services under the order dated 15/09/2003 (Ann.1) after having been found fit and eligible by the Selection Committee as stated in the CW 8614/06 [3] said order. Here has not been a back door entry. Merely because the respondents would choose to put her on consolidated salary and state it to be a contractual appointment, the fact that she is a woman employee cannot be lost sight of and the essential benefits fundamentally dealing with the very basics of human rights of allowing maternity benefit to the women cannot be and ought not to have been ignored and the petitioner ought to have been allowed maternity leave as applied for. It may be pointed out that there had been any other reason of denying maternity leave to the petitioner except that she was working on consolidated salary on contract basis. Such being a proposition already declared unacceptable, the action of the respondents is not only illegal but malafide too.” In the instant case, the petitioner was appointed on urgent temporary basis as Nurse Gr.II on a consolidated sum of Rs.4500/- per month and being a female government servant, no distinction can be made on the basis of nature of appointment for the purpose of maternity leave available to female government servant under Rule 103 of the Rules. CW 8614/06 [4] Consequently, writ petition stands allowed. Respondents are directed to release the benefit of maternity leave to the petitioner in terms of R.103 of the Rules. Necessary orders be passed within a period of two months. There shall be no order as to costs. [AJAY RASTOGI], J. FRBOHRA8614CW06 20-11mtrlve.doc