- (1.) The petitioner, who is working as Lecturer, has approached this court for a direction to grant maternity leave on account of birth of third child. In support of the claim, reliance has been placed upon a Division Bench judgment of this court in Ruksana v. State of Haryana and others, 2011 3 RSJ 225. According to learned counsel for the petitioner, SLP (Civil) No. 31511 of 2011-State of Haryana and others v. Ruksana filed by the State against the judgment of this court was dismissed as withdrawn on 2.1.2012. Learned counsel for the State does not dispute the fact that as on today, the case of the petitioner is squarely covered by the judgment of this Court in Ruksana's case , Special Leave Petition filed before Hon'ble the Supreme Court against which was withdrawn by the State, as no rules have been framed by the State to deny such benefit to the employees. He further submitted that he has received a communication from the department to seek time so as to enable the Government to frame law on the issue.
(2.) Heard learned counsel for the parties and perused the paper book.
(3.) The issue regarding entitlement of the government employee to maternity leave on account of birth of third child was considered by a Division Bench of this Court in Ruksana's case . In the aforesaid judgment, this court framed the following questions: "i) Whether the classification of women employees, one having two children and another having more than two children is just and appropriate? Whether the Government can create such a distinction ? ii) If the answer to the first question is in affirmative, whether Note 4 to Rule 8.127 is contrary to the provisions of the Act which do not lay down two child norm for grant of maternity benefits ? iii) Whether the Executive Instructions dated 5.2.1993 (Annexure R2) infringe, supersede or override the Rules framed by the Government ? iv) Whether having two children from the previous marriage will eclipse the right of a woman to obtain maternity benefit for the first child to be born from the second marriage ?";