H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of order dt. 30.10.2001Annex. -8 and directions to the respondent to extend the benefits of maternity leave and other benefits to the petitioner.
(2.) I have heard learned Counsel for the parties. The facts giving rise to the instant writ petition are that the respondents issued an advertisment date 31.07.2003 Annex. -1 inviting the applications for the post of Nurse Gr.II contract consolidated salary. The petitioner holding qualification of Senior Secondary and diploma course of General Nursing and Midwifery from Mahatma Gandhi Hospital, Jodhpur, applied for the post of Nurse Gr. II contract consolidated salary in pursuance of Annex. -1. After due selection procedure as provided under the Rajasthan Medical and Health Subordinate Service Rules, 1965 (for short the Rules 1965 hereinafter). the petitioner was selected and appointed on the said post on contract basis vide order date 17.09.2003 Annex. -2 and as such she has been continously serving on the post of Nurse Gr.II contract consolidated.
(3.) LEARNED Counsel for the petitioner submits that the controversy involved in the instant case stands concluded by a decision of this Court in Smt. Neetu Chodhuary v. State of Rajasthan and Ors., 2005 (5) RDD 1144 (Raj). It is reported by the counsel for the parties that a special appeal filed against the decision in Smt.Neetu Choudhary v. State of Rajasthan and Ors. has also been dismissed by the Division Bench and as such, the order of this Court in Smt. Neetu Choudhary has been affirmed by the Division Bench.;