Rajasthan High Court - Jaipur
Lakshmi Sahoo D/O Durga Prasad Sahoo vs The State Of Rajasthan Through Its ... on 24 September, 2021
Author: Arun Bhansali
Bench: Arun Bhansali
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
S.B. Civil Writ Petition No. 27410/2018
Lakshmi Sahoo D/o Durga Prasad Sahoo, Aged About 28 Years,
R/o Upparala Chopra Bazar, Ramgarh, District Alwar, Rajasthan.
----Petitioner
Versus
1. The State Of Rajasthan Through Its Principal Education
Secretary, Government Secretariat, Rajasthan, Jaipur.
2. The Director, Primary Education, Bikaner.
3. The District Education Officer, Primary, Alwar.
4. The Block Development Officer, Panchayat Samiti
Ramgarh, District Alwar.
----Respondents
For Petitioner(s) : Mr. Ram Pratap Saini.
For Respondent(s) :
HON'BLE MR. JUSTICE ARUN BHANSALI
Order
24/09/2021
An application has been filed by the petitioner seeking disposal of the writ petition.
For the reasons indicated in the application, the same is allowed.
The matter is taken up for orders.
It is submitted by learned counsel for the petitioner that issue raised in the present writ petition is squarely covered by judgment of Division Bench in State of Rajasthan v. Smt. Neeraj:
D.B. Special Appeal Writ No.376/2021 decided on 04.08.2021 at principal seat, Jodhpur.(Downloaded on 24/09/2021 at 10:34:09 PM)
(2 of 2) [CW-27410/2018] In the case of Smt. Neeraj (Supra), the Division Bench upheld the Single Bench judgment and inter-alia observed as under:-
"We are in complete agreement with the view taken by the learned Single Judge that since it is a beneficial legislation and if a female government servant is giving birth to a child within the stipulated period of confinement i.e. 15 days before to three months after the birth of the child, she will be entitled to maternity leave. The argument of the learned Additional Advocate General that the respondent was not a Government Servant at the time of delivery of a child has no merit and therefore, the same is liable to be rejected in the light of the discussions made hereinabove. It is reiterated that the purpose and intention of the rule-making authority is to facilitate the female government employees by extending the benefit of maternity leave at the time of delivery of the child. In view of the discussions made above, the judgment dated 07.12.2020 passed by learned Single Judge is upheld and the appeal is dismissed being bereft of merit."
In view of the determination made by the Division Bench, the petition filed by the petitioner is disposed of with directions to the respondents that in case as per the judgments the petitioner is entitled, grant her relief, in accordance with the determination made by the learned Single Bench as well as the Division Bench, copy, whereof, would be supplied by the petitioner with the respondents.
Needful be done by the respondents within a period of four weeks from the date a copy of this order and the judgments is presented by the petitioner to the competent respondent.
(ARUN BHANSALI),J 84-SACHIN KHUSHWAHA /685 (Downloaded on 24/09/2021 at 10:34:09 PM) Powered by TCPDF (www.tcpdf.org)