STATE OF RAJASTHAN Vs. NEERAJ

JUDGEMENT

(1.) The present appeal has been filed by the appellant-State challenging the order dtd. 7/12/2020 passed by learned Single Judge in S.B. Civil Writ Petition No. 4384/2020, whereby the writ petition preferred by the respondent- petitioner was allowed and it was declared that a female Government Servant is entitled to avail maternity leave if she joins within the period of confinement i.e. 15 days before to three months after the birth of child irrespective of the fact that the child was born prior to the date of joining or before issuance of appointment in service. The respondent-petitioner was allowed all consequential benefits.

(2.) Heard learned counsel for the parties.

(3.) The facts are not disputed in the present case as the respondent-petitioner gave birth to a child on 15/5/2016 and in pursuance of the appointment order issued for the post of Physical Training Instructor (PTI), Grade III on 4/6/2016, she joined on 6/6/2016. After joining, she applied for maternity leave on 21/6/2016. The case of the respondent-petitioner for maternity leave and confirmation was decided by the appellants vide orders dtd. 13/8/2018 and 17/7/2019.