CHITRA RANI Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) Through the present petition, the petitioner, while relying on the provisions of the Maternity Benefit Act, 1961 (hereinafter referred to as the Act), seeks the benefits of maternity leave, which have not been granted to her on the ground that she has claimed maternity leave for the birth of her third child.

(2.) The issue raised in the present petition is no longer res integra as the same stands decided in the favour of the petitioner by a Division Bench of this Court in Ruksana vs. State of Haryana and others, 2011 5 SLR 325 , wherein, like in the case of the petitioner, the benefit of Maternity Leave, on account of birth of third child, was denied to the petitioner therein by the State of Haryana. For such denial, the State relied upon Note 4 to Rule 8.127 of the Punjab Civil Services Rules, Volume I, Part I, as applicable to the State of Haryana (hereinafter referred to as the Rules). After considering the entire law on the subject, the Division Bench was of the opinion that Note 4 to Rule 8.127 of the Rules was not in consonance with the provisions of the Act and resultantly, issued directions to grant the petitioner therein the payment of salary as Maternity Leave benefit, as envisaged under Section 5 of the Act read with Rule 8.127 of the Rules, without making any reference to Note 4 appended thereunder.

(3.) The issue raised in the present petition was again considered and decided by this Court in favour of the petitioner therein in C. W. P. No. 18515 of 2011 Pooja Sindhu vs. State of Haryana and others, on 15.10.2012, by holding as under :-