Harish Kumar, J.—Heard Mr. Binodanand Mishra, learned Senior Advocate for the Petitioner and Mr. Ritesh Kumar, learned Advocate for the respondent University. The State is represented through Ms. Manisha Singh, learned Advocate.

2. The petitioner invoking the extraordinary prerogative writ jurisdiction of this Court seeking a direction commanding upon the respondent University to release the salary for the maternity leave period from 10.05.2020 to 11.11.2020 as also to count the maternity leave period to teaching and working experience, besides to extend one increment which has been illegally denied since July 2020 due to absence shown during maternity leave.

3. Learned Senior Advocate for the petitioner briefly stated the facts and submitted that the petitioner was duly appointed as Assistant Professor in the Department of Sociology by the respondent University vide notification No.109/2019 dated 27.06.2019. Since the petitioner was in family way, she requested through her application dated 17.02.2020 to grant maternity leave from 15.04.2020. It was also informed to the authority concerned that she expected due date of delivery on 16.05.2020. The petitioner also enclosed all the prescriptions from Doctor to show necessity of maternity leave. Since the petitioner belongs to the State of Kerala, she could not go to her home on account of spread of COVID-19 Pandemic and consequential lock-down. In the aforesaid premise, she prayed modifying the maternity leave, with effect from 10.05.2020. She, accordingly, made an earnest request by filing application, which was finally forwarded to the Head of the Post Graduate Department of Sociology of the respondent University and further sent to the office of the Registrar.

4. The petitioner blessed with a daughter and after completion of the maternity leave, she joined the P.G. Department of Sociology of the University on 11.11.2020. The petitioner, thus, was on maternity leave from 10.05.2020 to 11.11.2020. Notwithstanding the aforesaid fact, when the petitioner was not allowed the salary for the aforenoted period, she approached before the Registrar as well as the Vice-Chancellor of the University to look into her grievance and ensure all the benefits as has been prayed for in the writ petition. Despite the aforesaid facts and the repeated representations, the copies of which have also been placed on record as Annexure-7 and 8, no decision has been taken, compelling her to approach this Court.

5. A counter affidavit has been filed on behalf of the respondent University. It is categorically submitted that the petitioner was appointed as Assistant Professor in Sociology vide notification No. 109/2019 dated 24.06.2019 and pursuant thereto, the petitioner gave her joining on 14.09.2019, which was duly accepted. However, as per the provisions contained in Rule 28 of the Statute governing the service conditions of the employees of the University contained in Bihar State Universities Act, 1976, the petitioner was not found entitled to avail such leave until and unless she does not complete her service continuously for more than two years. The University also sought a direction from the Governor’s Secretariat with respect to grant of maternity leave to the newly appointed female teachers during probation period and its revised Statute, however, no reply has been received though it has been apprised that the letter has been sent to the Higher Education Department, Government of Bihar.

6. Learned Advocate for the State, referring to the decision dated 14.02.2019 rendered by a Division Bench of the Court in CWJC No. 1119 of 2018 urged that be that as it may so far as women employees of the Magadh University are concerned, they are allowed only 90 days of maternity leave, whereas the women employees of State Government are allowed 180 days of maternity leave in terms with the letter issued by the State Government vide Memo No. 2555 dated 29.03.2016.

7. Mr. Mishra, learned Senior Advocate for the petition