NEETU CHOUDHARY Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) SANCTION was granted by Government of Rajasthan to fill in 568 posts of Nurse Grade II by making appointments on urgent temporary basis. The aforesaid sanction was granted after getting approval from the department of finance under an order dated 20. 1. 2000. The sanction of the Government was notified by the Director (Aids), Directorate of Medical and Health Services, Government of Rajasthan, Jaipur under an office order dated 21. 1. 2000.

(2.) BY an order dated 25. 1. 2000, passed by Joint Director, Medical and Health Services, Jodhpur Zone, Jodhpur, appointment was given to the petitioner as Nurse Grade II on urgent temporary basis against the posts notified by order dated 21. 1. 2000. The appointment of the petitioner was made for a period of six months at the consolidated salary of Rs. 4,500/- per month. The term of appointment of the petitioner and other similarly situated persons was extended till further orders or till regular recruitment takes place, whichever is earlier, by an order dated 2. 4. 2002.

(3.) A reply to the writ petition has been filed on behalf of the respondents wherein the respondents admitted that the appointment to the petitioner was given on urgent temporary basis u/r. 27 of the Rules of 1965, as such it is a case admitted that the petitioner is working in temporary capacity. The sole contention of the counsel for the respondents is that though the appointment of the petitioner is in temporary capacity but she is working at consolidated salary of Rs. 4,500/-, therefore, she is not entitled for maternity leave u/r. 103 of the Rules of 1951.