Female Government employee is entitled to medical leave even if the child was born shortly before joining the service : Rajasthan High Court

The High Court of Rajasthan, through learned judge, Justice Dinesh Mehta in the case of Neeraj v. State of Rajasthan and Ors (S.B. Civil Writ Petition No. 4384/2020) held that female Government employee is entitled to medical leave even if the child was born shortly before joining the service.

BRIEF FACTS OF THE CASE: The petitioner, who was appointed on the post of Physical Training Instructor, Grade-III,  mothered a baby boy, just a few days before receiving the appointment order. As the petitioner had to undergo a C-Section she was not fit enough to join, but with a view to ward off adverse consequences of non-joining, she preferred to give her joining on 06.06.2016.  For the purpose of taking care of her child and herself, she filed an application for grant of maternity leave on 21.06.2016. The petitioner reported back on duties after remaining absent for 142 days. The petitioner was sanctioned a total 142 days’ leave, out of which 90 days were considered as leave without payment as per communication dated 13.08.2018 and 52 days’ leave was treated as extra ordinary leave (EOL), that too without payment. Despite completion of probation period of two years, the respondents extended petitioner’s probation period by 112 days and confirmed her services w.e.f. 26.09.2018. The petitioner has approached this Court with a grievance that the respondents are not justified in deferring petitioner’s confirmation for a period of 112 days. According to the petitioner, her confirmation ought to have been made effective from 05.06.2018. Petitioner has also called the orders refusing maternity leave in question

FINDINGS OF THE COURT: After hearing the contentions raised by both the parties, the Court reached a conclusion that petitioner was entitled for grant of maternity leave in terms of Rule 103 of the RSR, irrespective of the fact that she had given birth to the child prior to her joining Government service. Impugned orders were quashed. The court held that the Petitioner’s sanctioned leave of 142 days shall be treated as maternity leave and that she was  entitled to salary for the period of such leave, in accordance with Rule 103 of the RSR and shall be deemed confirmed w.e.f. 05.06.2018 (on completion of two years’ service from the date of her joining).


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