JUDGMENT 1. - Heard learned counsel for the parties. 2. By this writ petition, the petitioner, who was working on contract basis as additional ANM with respondent No.4, Chief Medical and Health officer, Nagaur claiming benefit of maternity leave for delivery w.e.f. 16/2/2009 to 12/8/2009 vide application Ann.3. After availing maternity leave for the aforesaid period, petitioner reported herself on duty on 13/8/200 3. Learned counsel for the petitioner argued that the Government of Rajasthan, Finance Department issued a Circular dated 6/11/2007 thereby providing 135 days maternity leave to the female Government servants but by the subsequent Circular of the State Government dated 19/6/2009 (Ann.5), the period of maternity leave has been extended from 135 days to 180 days. When the grievance of the petitioner remained unheard of, she gave a notice for demand of justice but still when, the said notice was not answered and grievance of the petitioner has not been redressed, she has approached this court with the prayer to direct the respondents to allow maternity leave of 180 days for the period from 16/2/2009 to 12/8/2009 with remuneration / contractual amount. 4. Learned counsel for petitioner in support his arguments has relied on the judgment of the Principal Seat at Jodhpur in Azmat Praveen v. The State of Rajasthan - SBCWP No. 7324/2008 decided on 19.9.2008 and in Smt. Meenaxi Bhati v. State of Rajasthan and ors., reported in 2010 WLC (Raj.) UC 699 whereby, the similar relief sought for was granted by the Principal Seat while allowing respective writ petitions. 5. Learned Additional Government Counsel has opposed the writ petition but he is not in a position to controvert the above settled legal proposition of law. 6. No doubt, petitioner is entitled for grant of maternity leave in terms of the law applicable for a period of 180 days for the period from16/2/2009 to 12/8/2009 and, therefore, said benefit ought to have been given to her by the concerned authority during the period afore stated. 7. Accordingly, writ petition is allowed. Respondents are directed to grant benefit of maternity leave to the petitioner for the period from16/2/2009 to 12/8/2009, a period of four months (180 days), out of which for first two months with remuneration and for remaining period without remuneration as per Circular of the Government of Rajasthan Finance Department (Rules Division) dated 19/6/2009 (Ann.9).
Accordingly, writ petition is allowed. Respondents are directed to grant benefit of maternity leave to the petitioner for the period from16/2/2009 to 12/8/2009, a period of four months (180 days), out of which for first two months with remuneration and for remaining period without remuneration as per Circular of the Government of Rajasthan Finance Department (Rules Division) dated 19/6/2009 (Ann.9). The said benefit shall be paid to her within a period of one month from the date copy of this order is produced before the respondents. There will however be no order as to costs.Petition Allowed . *******