Lawstreet Journal

Government Servant Entitled to Maternity Leave Even if Child is Born Shortly Before Joining Service: Rajasthan High Court [READ ORDER]

Lawstreet Journal 14 Dec 2020 9:10pm

Image courtesy: Lawstreet Journal Judiciary Government Servant Entitled to Maternity Leave Even if Child is Born Shortly Before Joining Service: Rajasthan High Court [READ ORDER]

The High Court of Rajasthan observed that a female government servant who joined government service after her pregnancy would be entitled for maternity leave, irrespective of the fact that she had given birth to the child prior to her joining Government service.

A Single Bench of Justice Dinesh Mehta issued an order to this effect, interpreting Rule 103 of the Rajasthan Service Rules, which governs the grant of maternity leave to female government servants.

The High Court of Rajasthan specifically ruled:

“It is 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 child birth, regardless of the fact that the child was born prior to joining or before issuance of appointment order”

Background of the case:

  • The Court was hearing a petition moved by a female government servant, who was appointed as a Physical Instructor on June 4, 2016.
  • She mothered a child on May 15, 2016, a few days before she received her appointment letter. Though she joined work on June 6, she moved an application for maternity leave on June 21, 2016, specifying the date on which she gave birth.
  • After 142 days, she reported back for work. After a lapse of around two years, the State government granted her leave for 90 days without salary.
  • In July 2019, she was sanctioned leave for the 142 days she was away from work, out of which 90 days were considered as leave without payment and 52 days treated… Continue Reading...

    Tagged: Rajasthan High Court  
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