DINESH MEHTA,J. - (1.) The conundrum, which is required to be resolved in the present case, is, whether a candidate, who has given birth to a child prior to joining the Government service, is entitled for maternity leave under Rule 103 of Rajasthan Service Rules, 1951?
(2.) Before venturing into such exercise, it would be apt to take note of certain dates, which have implication on the issue at hands: (i) The petitioner gave birth to a child on 15.05.2016; (ii) The petitioner was given appointment on the post of Physical Training Instructor (PTI), Grade-III on 04.06.2016; (iii) Petitioner gave her joining on 06.06.2016; (iv) Petitioner applied for maternity leave on 21.06.2016; (v) Petitioner did not attend Office from 26.06.2016 to 10.11.2016 (142 days); (vi) Petitioner's application for maternity leave was decided vide order(s) dated 13.08.2018 and 17.07.2019; (vii) Petitioner's services were confirmed w.e.f. 26.09.2018 (vide order dated 21.11.2019); (viii) The writ petition filed on 19.05.2020.
(3.) The petitioner, who was appointed on the post of Physical Training Instructor, Grade-III, vide appointment order dated 04.06.2016, mothered a baby boy on 15.05.2016, just a few days before receiving the appointment order.;