- (1.) This intra-court appeal filed against the order dated 09.07.2007 passed by the learned Single Judge in CWP No.6146/2006 is reported to be barred by limitation by 415 days. However, in the circumstances of the case, we have considered the matter on merits while ignoring the delay.
(2.) The writ petition aforesaid was filed by the respondent (writ petitioner), said to be working as Nurse Gr.II with the appellants, stating her grievance against denial of maternity leave. It was an admitted case of both the parties before the learned Single Judge that the matter stood squarely covered by the decisions of this Court and, accordingly, the writ petition was allowed. The learned Single Judge said,- "Since both the learned counsel submit that the matter is squarely covered by the judgments of this Court delivered in Smt. Neetu Choudhary v. State of Rajasthan & Ors., reported in 2005 (5) RDD 1144 (Raj.) and Smt. Sushila Parmar v. State of Rajasthan & Ors., S.B. Civil Writ Petition No. 6142 of 2006, decided on 29.05.2007, therefore, this writ petition is also allowed. The respondents are directed to sanction maternity leave to the petitioner as applied by her and all benefits consequential thereto be given to here within a period of two months from the date the certified copy of this order placed before the competent authority by the petitioner."
(3.) It is sought to be contended in this appeal that the writ petitioner is not entitled for the benefits under the Rajasthan Service Rules for having not been appointed on regular basis; and the learned Single Judge has erred in granting benefits that are not available to the respondent-writ petitioner as per her service conditions.;