HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
S.B. Civil Writ Petition No. 4384/2020 - Smt. Neeraj V/S State of Rajasthan
Maternity leave case
The conundrum, which is required to be resolved in the present case, is, whether a candidate, who has given birth to a child prior to joining the Government service, is entitled to maternity leave under Rule 103 of Rajasthan Service Rules, 1951?
Court Order
With a view to harmonize the provisions, upon combined
reading of Rule 103 and 103A of the RSR, 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 childbirth, regardless of the fact that the child was born prior to joining or before issuance of appointment
order.
Order Sourced from renowned site Livelaw.com
S.B. Civil Writ Petition No. 4384/2020 - Smt. Neeraj V/S State of Rajasthan
Maternity leave case
The conundrum, which is required to be resolved in the present case, is, whether a candidate, who has given birth to a child prior to joining the Government service, is entitled to maternity leave under Rule 103 of Rajasthan Service Rules, 1951?
Court Order
With a view to harmonize the provisions, upon combined
reading of Rule 103 and 103A of the RSR, 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 childbirth, regardless of the fact that the child was born prior to joining or before issuance of appointment
order.
Order Sourced from renowned site Livelaw.com
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