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Rajasthan HC endorses Maternity Leave to Woman who delivered before Joining

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rajasthan high court law insider 1

rajasthan high court law insider 1

Shivani Pandey-

Published on: August 14,2021 14:39 IST

A Division Judge Bench of Rajasthan High Court recently upheld a Single Judge Bench Judgement that “Female Government Servant was entitled to avail maternity leave if she joins within the period of confinement i.e. 15 days before to three months after the birth of child, irrespective of the fact that the child was born prior to the date of joining or before issuance of appointment in Service”.

The Division Bench of Justice Indrajit Mahanty and Justice Vineet Kumar Mathur denied the argument of Additional Advocate General Pankaj Sharma that the respondent was not a Government Employee at the time of delivery of the Child subsequently cannot be covered under Rule 103 of the Rajasthan Services Rules, 1951.

Advocate Bhavit Sharma representing the respondent, stated that it is beneficial legislation and a fact that the mother-respondent delivered a child 19 days prior the joining period, she cannot be denied benefit.

The Bench also laid its reliance on the Observation made by the Kerela High Court in Mini K.T. v. Senior Divisional Manager, Life Insurance Corporation of India, where it was held that “Motherhood is not an excuse in employment, but motherhood is a right which demands protection in given circumstances. The employer has to consider whether her duty attached to her mother prevented her from attending employment or not”.

The Appeal thereafter was dismissed on the grounds of lack of merit.