LAXMI KUMARI MEENA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard on the stay application.

(2.) Rule 103 of Rajasthan Service Rules (RSR), provides as under:-

(3.) I am prima facie of the considered view that the Rule 103 of the Rajasthan Service Rules (RSR) pertaining to maternity leave to employees of the State Government does not attract to grant to a government servant in respect of a child born to her prior to date of her joining State service. In-fact if an appointee-a female gives birth to a child immediately prior to her appointment, she can seek postponement of date of her joining. Sec. 4(1) and 4(2) of the Maternity Benefit Act, 1961 (hereafter 'the Act of 1961') provides as under:-