Allowed

Sushila Devi Wife of Shri Prithve Singh v. State of Rajasthan

Rajasthan HC6 Sept 2023CW/632/2021

Case brief

AI extract

What is this about?

This writ petition sought a direction to sanction maternity leave to the petitioner, a government servant. Relying on a previous judgment, the Single Judge held that a female servant joining within 15 days before or three months after childbirth is entitled to maternity leave and disposed of the petition accordingly.

What did the court decide?

Petition allowed with directions to sanction maternity leave based on harmonious reading of RSR Rules 103 and 103A.

Sushila Devi Wife of Shri Prithve Singh Vs… — Pension and Retirement Benefits | Rajasthan HC (2023)

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[2023:RJ-JP:21383]

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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR

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S.B. Civil Writ Petition No. 632/2021

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Sushila Devi Wife of Shri Prithve Singh, Aged About 34 Years, Resident of Ward No. 30, Bansur Road, Ganga Colony, Tehsil Kotputli, District Jaipur (Raj)

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----Petitioner

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Versus

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State Of Rajasthan, Through Principal Secretary, Education Department, Govt. Secretariat, Jaipur (Raj)

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Director Secondary Education, Bikaner (Raj)

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District Education Officer, Head Quarter, Secondary Education, Sawai Madhoupr (Raj)

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Principal, Govt. Senior Secondary School, Khidarpur Jadon, District Sawai Madhopur (Raj) .

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----Respondents

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For Petitioner(s) : Mr. C.S. Rathore For Respondent(s) : Mr. S. Zakawat Ali-Addl.G.C

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HON'BLE MR. JUSTICE ANOOP KUMAR DHAND

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Order

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06/09/2023

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Instant petition has been filed by the petitioner with the following prayer:-

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“It is, therefore, humbly prayed that the writ petition of the petitioner may kindly be accepted and allowed and; (i) By an appropriate writ, order or directions the respondents be directed to sanction maternity leave to the petitioner in the larger interest of justice.

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(ii) any other appropriate order or direction which the Hon’ble Court may deem fit and proper in the facts and circumstances of the case, may also kindly be passed in favour of the petitioner;

(2 of 3)

[2023:RJ-JP:21383]

[CW-632/2021]

(iii) Cost of the writ petition be awarded in favour of the petitioner.”

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Learned counsel for the petitioner submits that petitioner gave birth to a child on 18.07.2020 and she joined the services on 09.09.2020. Counsel submits that as per Rule 103 of the Rajasthan Service Rules, 1951 the petitioner is entitled to get the maternity leaves. Counsel submits that the controversy involved in this petition has already been decided by this Court at Principal Seat, Jodhpur in the case of Smt. Neeraj Vs. State of Rajasthan and Ors. (SBCWP No. 4384/2020) . Counsel submits that instant petition be disposed of in the light of the similar directions issued in the case of Smt. Neeraj (Supra) .

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Per contra, learned counsel for the respondents opposed the arguments raised by counsel for the petitioner but he is not in a position to controvert the submissions made by counsel for the petitioner.

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Heard and considered the submissions made at Bar and perused the material available on record.

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Since the controversy involved in this petition has already been set at rest by this Court at Principal Seat in the case of Smt. Neeraj (Supra) with the following observations and directions:-

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With a view to harmonize the provisions, upon combined reading of Rule 103 and 103A of the RSR, it is declared that a female Government servant is entitled to avail maternity leave, if she joins within the period of confinement, i.e. 15 days before to three months after the child birth, regardless of the fact that the child was born prior to joining or before issuance of appointment order.

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Instant petition stands disposed of with the similar directions

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issued in the case of Smt. Neeraj (Supra) .

[2023:RJ-JP:21383]

[CW-632/2021]

(3 of 3)

Stay application and all application(s) (pending, if any) also

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stand disposed of.

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(ANOOP KUMAR DHAND),J

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Ashu/170

Sushila Devi Wife of Shri Prithve Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

Sushila Devi Wife of Shri Prithve Singh v. State of Rajasthan

Case brief

What is this about?

What did the court decide?

What the court decided

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