H.R. Panwar, J. - (1.) BY the instant writ petition under Article 226 of the Constitution of India, the petitioner seeks quashing of order Annex.4 dt. 30.10.2001 and a direction to release payment of maternity leave availed by the petitioner as applicable to the other government employees under R.103 of the Rajasthan Services Rules.
(2.) I have heard learned Counsel for the parties. The facts and circumstances giving rise to the instant writ petition are that the petitioner was engaged on a consolidated salary of Rs. 4500/ -per month on urgent temporary basis on the post of Nurse Gr.II for a period of six months vide order Annex.1 dt. 31.01.2000 on a sanction granted by the Government of Rajasthan. The said sanction was granted by the Government of Rajasthan after getting approval from the Department of Finance and on the basis of the order issued by the Director of Medical and Health Services, Government of Rajasthan, Jaipur, the Joint Director, Medical and Health Services vide Order Annex.1 dt. 29.01.2000 engaged the petitioner and three others on urgent temporary basis on a consolidated salary of Rs. 4500/ - per month for a period of six months. Vide Annex.2 dt. 14.07.2006, the petitioner submitted an application to respondent No.2 for granting maternity leave 120 days from 04.05.2004 as per rules stating therein that due to her maternity she is unable to come on duty. However, according to the petitioner, on the basis of Annex.4 dt. 30.10.2001 issued by the Deputy Secretary of the Government, State of Rajasthan, Medical and Health (Group -3) Department, the respondents have refused to grant her the benefit of maternity leave, while stating that the employees engaged on consolidated salary are not entitled for maternity leave. Hence this petition.
(3.) THE 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 Choudhary 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 Devision Bench.;