SHAKUNTLA SHARMA Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) The petitioner was appointed as Nurse Grade-II on consolidated salary vide order dt. 22/01/2000 (Anx.1). She availed maternity leave for the period from 09/10/2008 to 05/04/2009 (179 days) but but leave was sanctioned for a period of two months and for remaining period leave was sanctioned without pay vide order dt. 05/05/2009 (Anx.2) on the premise that she being a contractual employee working on consolidated salary was not entitled to seek protection of Rule 103 of the Rajasthan Service Rules.

(3.) Counsel for petitioner submits that the controversy raised herein has been decided by the Division Bench of this Court at main seat Jodhpur in DB Special Appeal (W) No.01703/2009 (State of Rajasthan and Ors. v. Smt. Dr. Monika Sharma) vide order dt.24.03.2010 wherein it has been observed that female employees working on temporary basis or consolidated salary no discrimination can be made regarding entitlement for grant of maternity leave in terms of Rule 103 of the Rules.