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INDRAJIT MAHANTY, VINIT KUMAR MATHUR
State of Rajasthan – Appellant
Versus
Neeraj – Respondent
JUDGMENT
1. The present appeal has been filed by the appellant-State challenging the order dated 07.12.2020 passed by learned Single Judge in S.B. Civil Writ Petition No. 4384/2020, whereby the writ petition preferred by the respondent- petitioner was allowed and it was 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 birth of child irrespective of the fact that the child was born prior to the date of joining or before issuance of appointment in service. The respondent-petitioner was allowed all consequential benefits.
2. Heard learned counsel for the parties.
3. The facts are not disputed in the present case as the respondent-petitioner gave birth to a child on 15.05.2016 and in pursuance of the appointment order issued for the post of Physical Training Instructor (PTI), Grade III on 04.06.2016, she joined on 06.06.2016. After joining, she applied for maternity leave on 21.06.2016. The case of the respondent-petitioner for maternity leave and confirmation was decided by the appellants vide orders dated 13.08.2018 and 17.07.2019.
4. Learned Additional Advocate Gener
Maternity leave benefits under Rule 103 extend to female government servants who give birth within the confinement period, irrespective of their employment status at that time.
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
The main legal point established in the judgment is the entitlement of a female government servant to maternity leave under Rule 43 of the Central Civil Services (Leave) Rules 1972, emphasizing a pur....
Maternity leave is a reproductive right under Article 21 of the Constitution, and restrictive state policies must not obstruct such entitlements, as aligned with international standards.
The refusal of maternity leave based on Rule 3 of Appendix XIIA was legally and factually faulty, and the Kerala Service Rules provide a liberalized legal machinery to protect the rights of pregnant ....
Point of Law : According to Article 42 of Constitution of India, “State is required to make provision for securing just and humane conditions of work and for maternity relief”.
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