Rajasthan HC held in a case that even if a child is born prior to joining government service, the servant is entitled to maternity leave.
13th December, 2020
The Rajasthan high court ordered by entertaining a petition by a female government servant that she is entitled to grant maternity leave regardless of the fact that she had given birth to the child before joining the service, under rule 103 of the Rajasthan service rules.
The matter came in when the petitioner who is appointed as a physical training instructor, took a maternity leave of 142 days for which she was not paid and her application was rejected too. The court held that the rule 103 of RSR is employee-centric and that it does not confer any right of the employee based on date of birth.
Hence, granted the petitioner relief by directing that her maternity leave of 142 days must be sanctioned.