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3. The petitioner remained on maternity leave from the month of December 2001 to March, 2002 and on 21.1.2002 she gave birth to a baby. The petitioner also applied for maternity leave for a period of four months commencing from 2.5.2004. The maternity leave was denied to the petitioner by Superintendent, Associated Group of Hospital under a communication dated 17.3.2004 on the count that in view of the order dated 31.10.2001 passed by the Deputy Secretary to the Government of Rajasthan, Department of Medical and Health Services, the person employed on consolidated salary (contract basis) are not entitled for casual leave, day off, maternity leave etc.

8. Rule 27 of the Rules of 1965 empowers the Government or the authority competent to make appointments to the posts under the Rules of 1965 on urgent temporary basis. The petitioner was admittedly appointed Under Rule 27 of the Rules of 1965. Rule 103 of the Rules of 1951 pertains to maternity leave which reads as under:

103. Maternity Leave.- A competent authority may grant "Maternity Leave" to a female Government Servant thrice during the entire period of her service. However, if there is no surviving child even after availing of it thrice. Maternity Leave may be granted on one more occasion.

The maternity leave may be allowed on full pay for a period which may extend upto the period of 90 days from the date of its commencement.

NOTE Maternity leave under this rule may also be granted in cases of Miscarriage, including abortion, subject to the conditions that:

(i) the leave does not exceed six weeks, and
(ii) the application for the leave is supported by a certificate from the Authorised Medical attendant.

Government of Rajasthan's Decision:

1. Maternity leave is also admissible to temporary female Government servants under this Rule.
2. Maternity leave is not admissible in case of incomplete abortion.
"Clarification"

'Abortion' does not include 'threatened abortion' and maternity leave cannot be granted in the case of threatened abortion.

9. The Government of Rajasthan under its order No. F.12(1)F. II/54 dated 25.2.1955 declared the temporary female Government servants entitled for maternity leave. In view of this decision of the Government of Rajasthan the petitioner being a temporary female Government servant is entitled for the maternity leave Under Rule 103 of the Rules of 1951. Such benefits cannot be denied to the petitioner merely on the count of the mode of payment of wages.