COMMISSIONER, RAJASTHAN ELEMENTARY EDUCATION COUNCIL Vs. SHAMA ZAHRA

JUDGEMENT

(1.) IN challenge is the judgment and order dated 24.9.2013 passed in S.B.Civil Writ Petition No.4053/2010.

(2.) WE have heard Mr.P.R.Singh, learned counsel for the appellants and Mr.L.K.Purohit, learned counsel for the respondents.

(3.) THE respondents no.2 and 3 (appellants -herein) in their reply averred that the respondent -writ -petitioner was a contractual employee under the Lok Jumbish Project and on the abolition of thereof, she and other employees were offered the opportunity to render services under the Sarva Shiksha Abhiyan purely on annual contract basis. They denied the respondent -writ -petitioner's claim of having been appointed in the post of CRCF. They questioned the tenability of the writ petition also on the ground that she had failed to substantiate with documentary proof that she had experienced matured delivery. They clarified that for the purpose of grant of maternity leave, it is 120 days in case of matured delivery, but is much less in case of miscarriage of pregnancy. They contended further that the incumbents, who were initially appointed under the Lok Jumbish Project and thereafter, had been rendering services under the Sarva Shiksha Abhiyan on contract basis had been decided to be allowed the benefit of maternity leave only after the resolution dated 8.11.2006 to the said effect which was eventually proclaimed by the order dated 6.1.2007. According to the answering respondents, therefore, the respondent -writ -petitioner was not entitled to maternity leave as her child had been born in the month of February, 2006 i.e. much prior to the effective date i.e. 8.11.2006.