[2025:RJ-JP:41498] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 14709/2025 Kusum Rathore W/o Gopal Singh Chouhan, Aged About 44 Years, R/o Nayapura Fala, Vpo Katisor, Tehsil Aspur, District Dungarpur, Rajasthan. ----Petitioner Versus 1. State Of Rajasthan, Through Principal Secretary, School Education Department, Govt. Secretariat, Rajasthan, Jaipur. 2. The Director, Elementary Education, Rajasthan, Bikaner. 3. The District Education Officer (Headquarter) Elementary Education, Dungarpur. 4. The Chief Block Education Officer, Block Aspur, District Dungarpur. ----Respondents For Petitioner(s) : Mr. Ram Pratap Saini Mr. Aamir Khan For Respondent(s) : HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order 09/10/2025 1. This writ petition has been filed by the petitioner with the following prayer:- “i. Issue an appropriate writ order or direction in the nature thereof thereby the respondents may kindly be directed to sanction the maternity leave of the petitioner for 180 days as per Rule 103 of Rajasthan Service Rules, 1951. ii. Issue an appropriate writ order or direction in the nature thereof thereby, action of the respondents be declared illegal by which they [2025:RJ-JP:41498] (2 of 3) [CW-14709/2025] denied to give remuneration in lieu of maternity leave. iii. Issue an appropriate writ order or direction in the nature thereof thereby and direct the respondents to release the salary in lieu of maternity leave of 180 days availed by the petitioner and also to prepare and release the salary of the petitioner which has been withheld for want of pending sanction. iv. Pass any other appropriate order which this Hon'ble Court may deem fit, just and proper in the facts and circumstances of the case in favour of the petitioner. v. Cost of the writ petition be also awarded in favour of the petitioners.” 2. During course of arguments, learned counsel for petitioner submits that in identical situation a Division Bench of the Madras High Court, in case of the Government of Tamil Nadu & Ors. Vs. K. Umadevi W.A. No. 1442 of 2022 and CMP no. 9312/2022 (order dated 14.09.2022) allowed similar maternity benefit, accordingly the petitioner may be granted permission to file an appropriate representation before the respondents-Authority to consider and resolve her grievances. 3. Considered the grievance raised herein, the petitioner is given a liberty to submit a representation to the respondents-Authority within a period of 15 days raising all grounds and the respondents-Authority are directed to consider and decide the representation filed by the petitioner but with a reasoned and speaking order within a period of 30 days from date of receipt of representation. [2025:RJ-JP:41498] (3 of 3) [CW-14709/2025] After passing the order, the respondents are under an obligation to communicate the decision to the petitioner either by way of speed post or through E-mail, if petitioner has provided E-mail in her representation. If the petitioner is still aggrieved, she is at liberty to approach this Court with fresh petition. 4. With the aforesaid directions, the present writ petition with pending application, if any, stands disposed of. (ASHOK KUMAR JAIN),J CHETNA BEHRANI /52