- (1.) By the instant petition the petitioner seeks to claim the benefit of maternity leave availed by her for the period w.e.f. 25.08.2001 to 23.12.2001 & 19.01.2005 to 18.05.2005 which was denied to her vide order dt. 21.05.2008 on the premise that being a contractual employee she is not entitled to seek protection of Rule 103 of Rajasthan Service Rules.
(2.) The petitioner was appointed after selection on urgent temporary basis as Nurse Grade-II vide order dt. 31.01.2000 on consolidated salary and her application seeking maternity leave w.e.f. 25.08.2001 to 23.12.2001 & 19.01.2005 to 18.05.2005 was denied despite being eligible in terms of Rule 103 of Rajasthan Service Rules,1951 on the premise that being a contractual employee Rule 103 is not applicable. Counsel for petitioner submits that despite this issue being decided by the Single Bench and affirmed by the Division Bench of this Court still the State Government is consistently rejecting applications filed by women employees for grant of maternity leave to which they are entitled in terms of Rule 103 of the Rules on arbitrary/flimsy grounds which is compelling them to approach this Court by filing of writ petitions. Counsel submits that DB Special Appeal (W) No. 01703/2009, State of Rajasthan & Ors. v. Smt. Dr. Monika Sharma preferred by the State was decided by the Division Bench at main seat Jodhpur vide order dt. 23.04.2010 wherein it has been observed that female employees working on temporary basis or consolidated salary no discrimination can be made regarding entitlement for grant of maternity leave in terms of Rule 103 of the Rules. However, despite the judgment of this Court the State Government has not taken any decision in this regard which is causing great hardship to the women employees seeking their right of maternity leave in terms of Rule 103 of the Rules, 1951. The Division Bench at main seat Jodhpur in the judgment dt. 23.04.2010 taking note of series of judgments, of which reference has been made in the judgment, in detail observed as under :- "This Court has consistently held that the female employees, employed whether on temporary basis or on consolidated salary, are entitled to maternity leave. In the case of Neetu Choudhary v. State of Rajasthan & Ors., 2005 4 SCT 278 a learned Single Judge of this Court held the employee, appointed as Nurse Gr.II on urgent temporary basis on consolidated salary, entitled to maternity leave. In the appeal taken by the appellant-State against the said decision in Neetu Choudhary's case, being D.B. Civil Special Appeal No. 02542/2006 (DRJ), a Division Bench of this Court while dismissing the appeal on 31.10.2006, pronounced rather heavily against the posture adopted by the Department and said,-" "A bizarre argument has been advanced by the appellant in this case. The appointment against the sanctioned post under the rules being offered, the respondent was appointed after regular selection. However, other benefits along with benefit of maternity leave are being denied to the women employees of the State, which is against the very basic norms of equality of law and, moreover, on the one hand the Government at all forums is talking about the gender equality, gender justice and betterment of status of women and, on the other hand, it is denying the benefit of maternity leave to its own employees under the guise that appointment is not under the regular Rules, forgetting it that appointment in first place was given after due selection by following regular process of selection. On the first principles of a welfare State, her appointment cannot be treated as a back-door entry to deny the basic benefit of maternity leave to women employees of the State."
(3.) Despite being held by this Court that employee even if working on urgent temporary basis or consolidated salary and has not secured appointment by back-door entry are entitled for grant of maternity leave in terms of Rule 103 of the Rules, but the authority of the State is continuously rejecting the applications seeking maternity leave by the women employees.;