Mamta Kumari Meena v. The State Of Rajasthan

HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 9586/2020 Mamta Kumari Meena D/o Kanhaiya Lal Meena, Aged About 32Years, R/o 170/2, Income Tax Colony, Jyoti Nagar, Jaipur,Rajasthan. ----Petitioner Versus 1. The State Of Rajasthan, Through Its Principal EducationSecretary, Government Secretariat, Rajasthan, Jaipur.Secretary, Government Secretariat, Rajasthan, Jaipur. 2. The Director, Secondary Education, Bikaner. 3. The District Education Officer (Headquarter), SecondaryEducation, Bikaner.Education, Bikaner. 4. The Principal, Govt. Sr. Secondary School, LikhmisarUtarda, Sridungargarh, District Bikaner.Utarda, Sridungargarh, District Bikaner. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini.For Respondent(s): HON'BLE MR. JUSTICE ARUN BHANSALI 24/09/2021 Order An application has been filed by the petitioner seekingdisposal of the writ petition. For the reasons indicated in the application, the same isallowed. The matter is taken up for orders. It is submitted by learned counsel for the petitioner thatissue raised in the present writ petition is squarely covered byjudgment of Division Bench in State of Rajasthan v. Smt. Neeraj:D.B. Special Appeal Writ No.376/2021 decided on 04.08.2021 atprincipal seat, Jodhpur. In the case of Smt. Neeraj (Supra), the Division Benchupheld the Single Bench judgment and inter-alia observed asunder:- “We are in complete agreement with the viewtaken by the learned Single Judge that since it is abeneficial legislation and if a female governmentservant is giving birth to a child within the stipulatedperiod of confinement i.e. 15 days before to threemonths after the birth of the child, she will beentitled to maternity leave. The argument of thelearned Additional Advocate General that therespondent was not a Government Servant at thetime of delivery of a child has no merit andtherefore, the same is liable to be rejected in thelight of the discussions made hereinabove. It isreiterated that the purpose and intention of therule-making authority is to facilitate the femalegovernment employees by extending the benefit ofmaternity leave at the time of delivery of the child.In view of the discussions made above, thejudgment dated 07.12.2020 passed by learnedSingle Judge is upheld and the appeal is dismissedbeing bereft of merit.” In view of the determination made by the Division Bench, the petition filed by the petitioner is disposed of with directions tothe respondents that in case as per the judgments the petitioneris entitled, grant her relief, in accordance with the determinationmade by the learned Single Bench as well as the Division Bench,copy, whereof, would be supplied by the petitioner with therespondents. Needful be done by the respondents within a period of fourweeks from the date a copy of this order and the judgments ispresented by the petitioner to the competent respondent. (ARUN BHANSALI),J 105-SACHIN KHUSHWAHA /685