JAGNA BAI Vs. STATE OF RAJASTHAN AND ANOTHER

JUDGEMENT

(1.) By the instant petition the petitioner seeks to claim the benefit of maternity leave availed by her for the period w.e.f. 25.08.2001 to 23.12.2001 & 19.01.2005 to 18.05.2005 which was denied to her vide order dt. 21.05.2008 on the premise that being a contractual employee she is not entitled to seek protection of Rule 103 of Rajasthan Service Rules.

(2.) The petitioner was appointed after selection on urgent temporary basis as Nurse Grade-II vide order dt. 31.01.2000 on consolidated salary and her application seeking maternity leave w.e.f. 25.08.2001 to 23.12.2001 & 19.01.2005 to 18.05.2005 was denied despite being eligible in terms of Rule 103 of Rajasthan Service Rules,1951 on the premise that being a contractual employee Rule 103 is not applicable.

(3.) Despite being held by this Court that employee even if working on urgent temporary basis or consolidated salary and has not secured appointment by back-door entry are entitled for grant of maternity leave in terms of Rule 103 of the Rules, but the authority of the State is continuously rejecting the applications seeking maternity leave by the women employees.