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2010 DIGILAW 1260 (RAJ)

Meenaxi Bhati v. State of Rajasthan

2010-07-20

VINEET KOTHARI

body2010
JUDGMENT 1. - Heard the learned counsel. 2. By this writ petition, the petitioner who was working on the contract basis as Nurse Grade II with the respondent No. 3, Superintendent, Associated Group of Hospitals, M.G. Hospital, Jodhpur claiming benefit of maternity leave for her second delivery from 10.6.2008 to 23.10.2008 applied for the same vide Annex. 6 dated 11.6.2008. The second delivery of the petitioner took place on 10.6.2008. 3. The learned counsel for the petitioner submitted that even at the time of first delivery when the medical leave benefit was not given to the petitioner, she had to approach this Court by way of writ petition which came to be allowed by the judgment of this Court dated 10.5.2007 allowing her writ petition No. 3006/206, Smt. Meenaxi Bhatl v. State of Rajasthan and ors. The petitioner again applied for said leave at the time second delivery on 11.6.2008. As aforesaid, the Rules vide Circular dated 6.9.2007 produced by the respondents themselves with the reply to the writ petition clearly permits the said leave for a period of two months and further leave of 2 and 1/2 months without remuneration. The relevant Circular Issued by the Finance Secretary-I on 6.9.2007 is reproduced hereunder:- "GOVERNMENT OF RAJASTHAN FINANCE DEPARTMENT (RULES DIVISION) CIRCULAR No. F.1(6) FD (Rules)/2007 Jaipur, dated 6.11.2007 References by various departments regarding admissibility of the maternity leave to female contractual persons have been made to Finance Department. The matter has been examined and it has been decided to allow maternity leave to female contractual persons as under : (i) Female Contractual persons engaged in various departments of the State Government with the prior approval of Finance Department may be allowed maternity upto two months with remuneration for maximum two surviving children. (ii) If a contractual person applies, leave beyond a period of two months, on medical advice she may be granted leave without remuneration upto another 2½ months. (iii) Leave remuneration upto two months shall be payable at the rate of remuneration which she is entitled to on the day before the leave commences. (W. Srinivas) Finance Secretary-I" 4. (ii) If a contractual person applies, leave beyond a period of two months, on medical advice she may be granted leave without remuneration upto another 2½ months. (iii) Leave remuneration upto two months shall be payable at the rate of remuneration which she is entitled to on the day before the leave commences. (W. Srinivas) Finance Secretary-I" 4. The learned counsel for the petitioner also relied upon the decision of this court in the case of Azmat Praveen v. The State of Rajasthan - SBCWP No. 7324/2008 decided on 19.9.2008 which also came to be allowed relying upon the previous decision in the case of Neetu Choudhary v. State of Rajasthan and Ors., reported in 2005 (5) RDD 1144 (Raj.) . 5. In view of consistent decision of this Court, it is not at dispute that the petitioner is entitled to grant of maternity leave in terms of aforesaid quoted circular of the Finance Secretary and therefore, the said benefit ought to have been given to her by the concerned authority during the relevant period. It is unfortunate that the petitioner had to approach again this Court even though her own first maternity leave came to came to be allowed by this Court on 10.5.2007 vide Annex. 5 judgment and at the time of second delivery again, she had to approach this Court for the same relief. This negative and lethargic attitude on the part of the respondents is, therefore, strongly deprecated. 6. Accordingly, this writ petition is allowed and the respondents are directed to grant benefit of medical leave to the petitioner for a period from 10.6.2008 to 23.10.2008, a period of four months, out of which for first two months with remuneration and for remaining period without remuneration as per the aforesaid circular dated 6.9.2007. The said benefit shall be paid to her within a per' of one month from today. No order as to costs.Writ Petition Allowed. *******