Dinesh Maheshwari, J. - (1.) BY way of this writ petition, the petitioner has questioned the communication dated 27.04.2006 (Annex.3) denying her maternity leave on the ground that she is working as Medical Officer on consolidated salary and there is no provision in the Rules for granting her maternity leave.
(2.) THE petitioner has averred that on the recommendations of the Selection Committee, she came to be appointed on the post of Medical Officer on a consolidated salary of Rs. 8,000/ per month with issuance of appointment order on 15.09.2003 (Annex.1) putting her engagement on contract basis; that accepting the offer of appointment, she joined services and presently is posted at Primary Health Centre, Kantalia, Sojat Road, Pali (Rajasthan). According to the petitioner, she proceeded on medical leave on 29.08.2005 by submitting a leave application; and, after delivering a male child, resumed duties on 11.01.2006 with fitness certificate. The petitioner has stated her grievance in the manner that though entitled, she has been denied maternity leave by the impugned communication dated 27.04.2006 (Annex.3) on the ground that under the service rules, there was no provision for allowing maternity leave to the persons working on consolidated salary; and she has not been allowed maternity leave despite submitting a representation on 17.02.2006 (Annex.4) and serving a notice through lawyer on 17.04.2006 (Annex.5).
(3.) ASSAILING such denial of maternity leave, the petitioner has contended, inter alia, that being in employment of the Government of Rajasthan, may be on contract basis and on consolidated salary, the Rules applicable to the employees of the Government of Rajasthan equally apply to her; that Rule 103 of the Rajasthan Service Rules, 1951 provide for maternity leave and she is fully entitled and eligible to get such maternity leave; that the Government has taken a decision to grant maternity leave to the temporary female employees and, thus, the contractual employees are also entitled to get the same benefit. The petitioner has referred to the decisions rendered in Neetu Choudhary v. State of Rajasthan and Ors. , 2005 (2) DNJ 676; and Smt. Sumitra Choudhary and Ors. v. State of Rajasthan and Ors. S.B. Civil Writ Petition No. 3295/2005 decided on 19.09.2005 wherein this Court has directed grant of benefit of maternity leave to the temporary employees. It is contended that there is no rationale behind refusal of maternity leave to some of the female employees while granting the same to the others. No reply to the writ petition has been filed; and the core and essential facts as stated by the petitioner in her petition have not been denied.;