2009 Supreme(Raj) 2273
RAJASTHAN HIGH COURT
Govind Mathur, J.
Smt. Neetu Bohara - Appellant
Versus
State of Rajasthan and others - Respondent
S.B. Civil Writ Petition No. 2193 of 2008.
Decided On : 9-09-2009
Advocates:
For the Petitioner:N.R. Choudhary, Advocate.
For the Respondents:Y.P. Khileree, Advocate.
Headnote:Rajasthan Service Rules, 1951 – Rule 103 – Petition against the refusal of grant of Maternity leave encashment to Petitioner who was employed on a contract – Petition allowed as the Petitioner was entitled to encashment under Rule 103 of the Rules in question.
JUDGMENT
1. - By the order dated 03.11.2003, an appointment was given to the petitioner as Nurse Grade II at the consolidated salary of Rs. 4,500/-. The petitioner availed maternity leave from 01.12.2006 to 14.04.2007. By an application dated 15.04.2007, the petitioner claimed for maternity leave encasement, however, the same was not allowed on the count that the petitioner was employed on contract basis.
2. Learned counsel for the petitioner submits that Rule 103 of the Rajasthan Service Rules, 1951 nowhere makes any distinction in the Government servants so far as maternity leave encasement is concerned. Reliance is placed by learned counsel for the petitioner upon a decision of co-ordinate Bench of this Court in Vimla Rani v. State of Rajasthan & others (SBCWP No. 890/2007) , wherein this Court held that a person employed on contract basis is also entitled to receive maternity leave encasement as per provisions of Rule 103 of the Rules of 1951.
3. On examination of the facts averred in the writ petition, I am satisfied that the controversy involved in this petition for writ is squarely covered by the ratio laid down by this Court in Vimla Rani's case (supra).
4. Accordingly, this petition for writ is allowed. The respondents are directed to extend the benefit of maternity leave encasement to the petitioner. Such encasement is required to be made within a period of three months from today. No order as to cost.Writ Petition allowed.
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