- (1.) UNDER the order dated 17.9.2003, the petitioner was appointed as Nurse Grade-II on contract basis. While working in the office of the Chief Medical and Health Officer, Udaipur she submitted an application on 28.8.2004 to avail maternity leave from 29.8.2004 to 10.1.2005.
(2.) AN application subsequent thereto was preferred by her on 22.12.2005 claiming salary for the period she availed maternity leave. On being taken no action by the respondents, this petition for writ was preferred. The submission of learned counsel for the petitioner is that in the light of Rule 103 of the Rajasthan Service Rules, 1951 (for short 'the Rules of 1951' hereinafter), the petitioner is entitled for maternity leave and salary thereon for the period concerned. Reliance is placed by learned counsel for the petitioner upon the judgment of this Court Durgesh Sharma Vs. State of Rajasthan and Ors. (reported in 2008(2) RLW 1304 (Raj.)) holding as under :- 2 "(10). I am of the view that matter is to be considered under Rule 103 of the Rajasthan Service Rules read with Circular dated 25.2.55 whereby female Government servant is entitled thrice for maternity leave and this Court has interpreted the Rule 103 of RSR and Circular dated 25.2.55 by holding that the same is applicable to the persons working in temporary capacity, though getting consolidated wages. Otherwise also a person working in temporary capacity with consolidated wages in Government will enjoy better status than a casual employee working in any establishment. The legislation made by the Parliament for casual worker and Rule 103 of RSR has been promulgated by the then Rajpramukh of Rajasthan under Article 309 of the Constitution of India rightly made no distinction on the ground of mode of payment of the female casual labour and female Govt. employees for grant of maternity leave. Therefore, the circular dated 23.7.04 is contrary to the aforesaid Rule and otherwise also there is no justification for restricting the benefit of maternity leave to the petitioner and other similarly situated persons by a circular dated 23.7.04. The circular dated 23.7.04 and the impugned order dated 8.6.06 are liable to be quashed." In view of the judgment aforesaid, the petitioner is entitled for maternity leave with salary. AccordIngly, this petition for writ is allowed. The respondents are directed the allow maternity leave to the petitioner with pay In accordance with Rule 103 of the Rajasthan Service Rules read with Circular dated 25.2.55.;