Order

1. The instant writ petition has been preferred by the petitioner with the following prayer:-

“It is, therefore humbly prayed that Your Lordship may graciously be pleased to accept and allow this writ petition and by an appropriate writ, order or direction:-

1. the respondents may kindly be directed to the grant and allow to continue on maternity leave of 180 days from 01.09.2023 in terms of rule 103 Rajasthan Service Rules (RSR) and orders may be passed by the respondents in regard to maternity leave to the petitioner.

2. the respondents may kindly be directed to grant salary to the petitioner for maternity leave period.

3. Any other appropriate order, which may be found just and proper in the facts and circumstances of the case, be passed in favour of the petitioner.

4. Cost of the writ petition may also be awarded in favour of the petitioner.”

2. By way of filing the instant writ petition, a prayer has been made by the petitioner for issuing directions to the respondents to continue her maternity leave of 180 days w.e.f. 01.09.2023, in terms of the provisions contained under Rule 103 of the Rajasthan Service Rules, 1951 (for short, “Rules of 1951”).

3. Learned counsel for the petitioner submits that the petitioner was posted as Teacher Grade-III (Level-I) at Mahatma Gandhi Government School, Penwalo Ki Dhani, Village Itwaya, Block Siwana, District Barmer. During her posting at the said school, since she was pregnant, she submitted an application for granting maternity leave w.e.f. 01.09.2023 till 04.10.2023, i.e., 34 days and the same was sanctioned by the authorities concerned. In the meantime, on 27.09.2023, she gave birth to a child. Counsel submits that thereafter, the petitioner was selected and appointed on the post of Teacher in Mahatma Gandhi Government English Medium School at Pur, Block Kotkasim, District Khairthal-Tijara and she joined her services on 06.10.2023. Counsel submits that after joining at the new school, she requested the authorities concerned for grant of maternity leave and allow her to continuously remain on maternity leave of 180 days w.e.f. 01.09.2023, but the said maternity leave was not granted to her. Thereafter she applied for child care leave, which was granted to the petitioner on three different occasions. Counsel submits that in terms of the provisions contained under Rule 103 of the Rules of 1951, the petitioner is entitled to a grant of maternity leave of 180 days. The respondents instead of granting her maternity leave, grant her child care leave and now, they are not releasing the salary for the said period to the petitioner. Hence, under these circumstances, the petitioner has approached this Court by way of filing the instant writ petition seeking appropriate directions.

4. Per contra, learned counsel appearing on behalf of the respondent-State opposed the arguments raised by counsel for the petitioner and submitted that after joining at the new school, the petitioner never submitted any application seeking maternity leave rather she applied for child care leave. Counsel submits that even on earlier occasion also, when the petitioner was posted at the previous school, she submitted an application seeking maternity leave of 34 days only and the same was duly sanctioned to her by the competent authority. Counsel submits that thereafter, thrice the same application was submitted for seeking child care leave and on all the three occasions, child care leave was granted to her. Hence, under these circumstances, the petitioner is not entitled to grant maternity leave in her favour and the instant writ petition is liable to rejected.

5. Heard and considered the submissions made at the Bar and perused the material available on record.

6. Perusal of the record indicates that the petitioner was posted as Teacher Grade-III in the previous school, where she got pregnant and gave birth to a child and applied for maternity leave for a period of 3