RAJESHWARI GAJBALLA Vs. STATE OF C.G.

JUDGEMENT

(1.) This writ appeal is directed against the impugned order dtd. 25/7/2022 by which petitioner's writ petition for setting aside the order dtd. 6/3/2021, has been dismissed finding no merit.

(2.) Mr. Parag Kotecha, learned counsel for the appellant, would submit that the learned Single Judge is absolutely unjustified in dismissing the appellant's writ petition relying upon Rules, 3, 4 & 5 of the Chhattisgarh Civil Services (Contractual Appointment) Rules, 2012 (for brevity 'the Rules, 2012') by recording a finding which is perverse to the record and by not following the binding decision rendered by this Court in the matter of Devshree Bandhe v. Chhattisgarh State Power Holding Company Limited & Others ,WPS No.101/2017, decided on 20/2/2017 therefore, order dtd. 6/3/201 is liable to be set aside and petitioner / appellant herein be granted salary/wages for the maternity period i.e. from 1/2/2020 to 31/7/2020.

(3.) Mr. Vinod Deshmukh, learned counsel appearing for respondents No.3 to 5, would submit that the Rules, 2012 would not be applicable in the present case as the petitioner / appellant herein was appointed on the post of Data Entry Operator on job rate basis on 21/10/2011 and as per the terms and conditions of the appointment order, the petitioner / appellant herein is not entitled for any leave including maternity leave as neither the appellant was working as daily wager employee nor contractual employee nor permanent employee of the Marketing Federation. He further submits that Clause 4 of the terms and conditions of appointment order of the petitioner / appellant herein would show that the petitioner / appellant herein would not be treated as employee of Chhattisgarh State Cooperative Marketing Federation for any purpose, therefore, the order passed by the learned Single Judge is strictly in accordance with law and the writ appeal deserves to be dismissed.