Smt. Smitha S v. State of Rajasthan) Date of Order & Ors.
Case at a glance
Outcome
Allowed
In the result, the writ petition is allowed
Provisions considered
- Constitution of India art. 226
Judgment
(Smt. Smitha S. Vs. State of Rajasthan & Ors.) Date of Order : 16/05/2007 PRESENT HON'BLE MR. JUSTICE H.R.PANWAR Mr. Aalok Dobhal for the petitioner. Mr. Rameshwar Dave, Dy.G.A. for the respondents. BY THE COURT:- By the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks a direction to the respondents to release payment of maternity leave availed by the petitioner. I have heard learned counsel for the parties. The learned counsel for the petitioner submits that the controversy involved in the instant case stands concluded by a decision of this Court in Smt. Neetu Choudhary Vs. State of Rajasthan and Ors. S.B.Civil Writ Petition No.5062/2004 decided on
Operative part
19.04.2005, reported in 2005 (2) Civil Times, 81 (Raj.). It is 2 reported by the counsel for the parties that a special appeal filed against the decision in Smt. Neetu Choudhary Vs. State of Rajasthan and Ors. has also been dismissed by the Division Bench and as such, the order of this Court in Smt. Neetu Choudhary has been affirmed by the Division Bench. In Smt. Neetu Choudhary Vs. State of Rajasthan and Ors. (supra) this Court relying on the order of the Government of Rajasthan being Order No. F.12 (1) F.11/54 dated 25.2.1955 declaring the temporary female Government servants entitled for maternity leave, held that the petitioner therein being a temporary female Government servant is entitled for the maternity leave under Rule 103 of the Rules of 1951 and the order dated 30.10.2001 cannot be made applicable upon the petitioner as she is working in temporary capacity though getting consolidated wages. On these premises, the writ petition was allowed and the respondents were directed to sanction maternity leave to the petitioner as applied by her and all benefits consequential thereto be given to her. Keeping in view the decision of this Court in Smt. Neetu Choudhary Vs. State of Rajasthan and Ors. (supra), in my view, the petitioner deserves the similar treatment and entitled for the maternity leave. 3 In the result, the writ petition is allowed. The respondents are directed to extend the benefit of maternity leave to the present petitioner as applied by her and all benefits consequential thereto be given to her within a period of two months from the date of production of certified copy of this order before the competent authority. There shall be no order as to costs. (H.R.PANWAR),J.
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In the result, the writ petition is allowed
Which statutory provisions did this judgment involve?
Constitution of India — art. 226.
Which court decided this case, and when?
Rajasthan High Court, on 16 May 2007. The bench was H R PANWAR.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.