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[2025:RJ-JP:37028] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 18059/2016 Gayatri Meena Daughter of Shri Ram Prakash Meena Wife Of Shri Pooran Meena, Village and Post Soyla, Tehsil Peeplu, District Tonk Raj., At Present Working As Conductor At Tonk Depot ----Petitioner Versus
1. Rajasthan State Road Transport Corporation, Parivahan Marg, Chomu House, Jaipur, Through Its Managing Director
2. The Chief Manager, Rajasthan State Road Transport Corporation, Tonk Depot, Tonk ----Respondents For Petitioner(s) : Mr. Laxmi Kant Sharma For Respondent(s) : Mr. Puneet, Adv.
HON'BLE MR. JUSTICE ANAND SHARMA
Order 11/09/2025
1.
Learned counsel for the petitioner submits that benefit of maternity leave for a period of 180 days was earlier sanctioned to the petitioner vide order dated 17.11.2015, however, without granting any opportunity of hearing and due to irrational reasons, the earlier order dated 17.11.2015 was withdrawn by the respondents vide order dated 22.09.2016.
2.
Learned counsel for the petitioner further submits that the similar controversy has already been examined by this Court in the case of Minakshi Chaudhary Vs. RSRTC & Anr. in S.B. Civil Writ Petition No.15769/2016 decided on 05.09.2024 in which following observations have been given:-
[2025:RJ-JP:37028] (2 of 2) [CW-18059/2016]
"36. In view of the discussions made herein above, it is held that the petitioner is entitled to 180 days of Maternity Leave like the other female employees working under the Service Rules, applicable to the State and Central Government services and to woman employee, falling under the purview of Maternity Benefit (Amendment) Act, 2017.
37. The instant writ petition accordingly stands allowed. The respondents are directed to grant 180 days of Maternity Leave, in terms of the Maternity Benefits (Amendment) Act, 2017, to the petitioner after adjusting 90 days of Maternity Leave, with all consequential benefits within a period of three months from the date of receipt of the certified copy of this order. If grant of enhanced 90 days of Maternity Leave is not feasible due to lapse of time, the respondents are directed to additionally pay 90 days salary to the petitioner, as compensation."
3.
Learned counsel for the petitioner submits that the petitioner would be satisfied in case, the writ petition is disposed of with directions to the petitioner to represent the respondents in the light of aforesaid judgment of Minakshi Chaudhary (supra).
4. In the light of above, this Court deems it just and proper to dispose of the writ petition with the directions to the petitioner to submit a representation before the respondents along with copy of judgment of Minakshi Chaudhary (supra). The respondents shall consider and decide the same in accordance with law and in case, the petitioner is found entitled, the necessary benefits shall be sanctioned and released within a period of 60 days thereafter.
5. It is made clear that this Court has not expressed any merits in the case.
(ANAND SHARMA),J DIVYA /321