R SH AV A I NKAR DsRSM i HA ig A gnVAN iteIN a D dl K A by AV y RI 2025:CGHC:11902 MANDAVID22+ 00 a 0 2: t 53 e5 36 :. 0 0:044.11 AFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 1648 of 2025

1 - Smt. Rakhi Verma W/o Shri Mahendra Kumar Verma Aged About 28 Years Posted As Staff Nurse At District Hospital, Kabirdham, R/o Village- Sheetla Marg, Ward No. 21, Kawardha, District- Kabirdham Chhattisgarh. ... Petitioner versus

1 - The State Of Chhattisgarh Through The Principal Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

2 - Director, Directorate Of Health Service, Indravati Bhawan, Nawa Raipur, Atal Nagar, Raipur, District Raipur, Chhattisgarh.

3 - Chief Medical And Health Officer, Kabirdham, District- Kabirdham, (C.G.)

4 - Civil Surgeon Cum Chief Hospital Superintendence, District Hospital, Kabirdham, District- Kabirdham, (C.G.)

... Respondent(s)

(Cause-title taken from Case Information System)

For Petitioner : Mr. Shrikant Kaushik, Advocate For State/Respondent(s) : Mr. Prafull Bharat, Advocate General with Mr. Vivek Sharma, Additional Advocate General, and Mrs. Shailja Shukla, Dy.

Government Advocate Hon'ble Shri Justice Amitendra Kishore Prasad

Order on Board

10/03/2025

1. Heard Mr. Shrikant Kaushik, learned counsel petitioner as well as Mr. Prafull Bharat, Advocate General with Mr. Vivek Sharma, Additional Advocate General and Mrs. Shailja Shukla, Dy.

Government Advocate for State/respondent/s.

2. By way of this writ petition, the petitioner has prayed for following reliefs:

“10.1.That, this Hon'ble Court may kindly be pleased to direct the respondent No.3 and 4 to pay salary of maternity leave granted to the petitioner from the period 17.03.2024 to 03.07.2024, total 4 months.

10.2. That, this Hon'ble Court may kindly be pleased to direct the respondent No.3 and 4 to consider and decide the application of the petitioner filed on 25.02.2025, seeking grant of salary of maternity leave. 10.3. That, any other relief, which this Hon'ble Court deems fit under the facts and circumstances of the case may kindly be granted to the petitioner.”

3. Brief of the case is that the petitioner is currently working as a Staff Nurse at the District Hospital, Kabirdham, District Kabirdham. She had applied for maternity leave for the period from 16.01.2024 to 16.07.2024 due to her pregnancy, which was duly sanctioned by the competent authority. The petitioner gave birth to a girl child on 21.01.2024. Upon completion of her maternity leave, she resumed her duties on 14.07.2024. After rejoining, the petitioner submitted a request for the release of her salary for the period of maternity leave. However, despite her entitlement and repeated representations, the said salary has not been disbursed to date. As a result, the petitioner and her minor child are facing severe financial hardship. The petitioner has also filed an application before the Chief Health and Medical Officer, Kabirdham (Respondent No.3), seeking necessary action regarding the pending salary. However, despite her request, no action has been taken, and the matter remains unresolved.

4. The petitioner is aggrieved by the inaction on the part of the respondent authorities specially respondents No.3 and 4 by which even after the petitioner is entitled to get salary for the period when the petitioner was on maternity leave, it is not given. The respondents No.3 and 4 are not disbursing salary for that period due to which the petitioner is facing great hardship she is unable to take special care of her newly born child. The grievance of the petitioner is that after due permission she went on maternity leave for the period 16.01.2024 to 16.07.2024, however the salary for the aforesaid period has not been given to her without there being any reason and due to apathetic behaviour of the respondent authorities. She has to take special care to her newly born child and for that she has to go on excess expenses so that she m