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2022 Supreme(Guj) 343

BIREN VAISHNAV
Sheetal Dinkarrai Trivedi – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. D.G. Chauhan, Ms. Ruchaben A. Gami.
For the Respondent: Ms. Surbhi Bhati, AGP.

JUDGMENT :

1. Rule returnable forthwith. Ms. Surbhi Bhati, learned Assistant Government Pleader waives service of notice of Rule for the respondent – State.

2. With the consent of the learned advocates for the respective parties, the petition is taken up for final hearing today.

3. Heard Ms. Rucha Gami, learned counsel for the petitioner and Ms. Surbhi Bhati, learned AGP for the respondent-State. Perused the record.

4. By way of this petition, under Article 226 of the Constitution of India, a lady petitioner, who was working as an Assistant Teacher has been denied the benefit of maternity leave of 98 days.

5. While issuing notice, the coordinate Bench of this Court on 16.9.2021 passed the following order :

    “Heard learned Advocate Ms. Rucha A. Gami for the petitioner and learned AGP Ms. Dharitri Pancholi for the respondent State.

By way of this petition, the petitioner challenges the decisions passed by the respondent authorities dated 11.09.2019 and 22.10.2020 whereby the maternity leave availed by the petitioner has not been treated as period in service.

Having regard to the same, issue Notice to the respondents, returnable on 11.10.2021.

Learned AGP waives service of notice on behalf of r

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