[2025:RJ-JP:27895-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal (Writ) No. 184/2024 1. State Of Rajasthan, Through Director (Secondary), School, Bikaner. 2. Joint Director, School Education, Bharatpur Division, Bharatpur. 3. District Education Officer, Bharatpur. 4. Principal, Government Sr. Secondary School, Dundwal, Nagar, Bharatpur. ----Appellants Versus Nisha Kumari Yadav W/o Harpal Yadav, Aged About 36 Years, R/o Vikas Colony, Behind Rajput Hostel, Ghora Pher Chauraha, Alwar (Raj.). ----Respondent For Appellant(s) : Mr. B.S. Chhaba, AAG assisted by Mr. Avinash Choudhary, Adv. For Respondent(s) : Mr. Ashish Sharma Upadhay, Adv. with Mr. Manish Singh Bharat, Adv. & Mr. Jai Kishan Singh, Adv. HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 25/07/2025 1. This special appeal has been preferred against the judgment dated 19.12.2022 passed by the learned Single Judge whereby the learned Single Judge after considering the provisions of the maternity leave as provided under Rajasthan Service Rules, 1951 and under the Maternity Benefit Act, 1961 and also after considering the judgment passed by the Division Bench of this Court in State of Rajasthan & Ors. Vs. Smt. Neeraj (D.B. Special Appeal Writ No. 376/2021) decided on 04.08.2021, [2025:RJ-JP:27895-DB] (2 of 4) [SAW-184/2024] held the writ petitioner entitled for grant of maternity leave benefits after she joins the service, although she had given birth to a child before joining. 2. Learned counsel for the appellants submits that after the judgment passed in Smt. Neeraj (supra), the State had issued a Circular laying down the provisions of grant of maternity leave benefit to female Government servants on 23.12.2021 which provided that if female Government servant who was not in Government Service at the time of birth of child, if applies for grant of maternity leave after joining Government service, she may be allowed maternity leave under Rule 103 of Rajasthan Service Rules of 180 days reduced by the period prescribed therein. The reduction is with respect to 15 days period of confinement before child birth or age of child in days to be calculated for the purpose. The Circular dated 23.12.2021 also provides that if the female Government servant applies for grant of maternity leave within 15 days from the date of joining service then such Maternity Leave shall be admissible. 3. The stand taken by the State Government before us is nowhere to be found as a plea in reply to the writ petition. The writ petition was decided by the learned Single Judge on 19.12.2022 and the Circular has been issued prior to the same. 4. We notice that it is on factual aspect as to whether the application has been filed within 15 days from the date of joining of Government servant or not. The submission of learned counsel is that the application was moved after 15 days is to be tested on the basis of factual averments which are absent in the order. We also notice that such a plea was not taken before the learned [2025:RJ-JP:27895-DB] (3 of 4) [SAW-184/2024] Single Judge and a new plea has been taken up before this Court, which in ordinary course could not have been accepted by us. 5. However, to do complete justice we have examined the Circular dated 23.12.2021. On perusal we notice that while in the first part of the circular the reduction of the total period of maternity leave is confined to the period of 15 days before child birth and as per the age of the child at the time of joining the Government Service, but in the later part, the entire admissibility of maternity leave has been denied if the application is moved by the concerned female Government servant after 15 days of her joining of Government Service. 6. 6. We find that there are two main aspects in the circular which need to be appropriately understood in the light of the provisions of Act and Rules framed under the Rajasthan Service Rules. If an application is moved by a female who has given birth to a child before she has joined the Government Service, she cannot be denied maternity leave and an embargo of 15 days of the application seems to have no nexus to the period of leave. The entitlement of maternity leave cannot be taken away by putting such onerous conditions on the mother of the infant. However, If the application has been moved belatedly, then the appropriate decision should have been taken to reduce the period of days of Maternity Leave as understood from the first part of the circular. 7. In view thereto, we decide the present appeal holding entitlement of maternity leave to the female Government servant which would not be restricted or denied merely because an application has been moved belatedly. [2025:RJ-JP:27895-DB] (4 of 4) [SAW-184/2024] 8. We also notice that respondent has already availed maternity leave at the relevant time in terms of the interim order passed by the learned Single Judge, we, therefore, need not apply these observations to the maternity leave already granted to the respondent. 9. Accordingly, the present Special Appeal (Writ) is dismissed. 10. All pending application(s), if any, stands disposed of. (CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J HEENA/MAHIMA/04