Maternity Leave to a female Government servant is admissible Under Rule 103 of Rajasthan Service Rules with less than two surviving children up to a period of 180 days from the date of its commencement.
Grant of Maternity Leave to a female Government servant
who was not in Government service at the time of birth of
child
A question has been raised whether a female Government servant who was not in Government service at the time of birth of child shall be entitled or not for Maternity Leave under Rule 103 of Rajasthan Service Rules after joining Government service.
SBCWP No, 4384/2020 the Hon’ble Court Judgment on 07.12.2020
In SBCWP No, 4384/2020 the Hon’ble Court has given Judgment on 07.12.2020 as under:-
“With a view to harmonize the provisions, upon combined reading of Rule 103 and 103A of the RSR, it is declared that a female Government servant is entitled to avail maternity leave, if she joins within the period of confinement, i.e. 15 days before to three months after the child birth, regardless of the fact that the child was born prior to joining or before issuance of appointment order”
Government of Rajasthan decision in view of the above Judgement
In view of the above Judgment the matter has been considered and the Governor is pleased to order that a 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 total of following periods:-
| (1) Period before joining Government service by the female Government servant | (a) 15 days period of confinement before child birth. |
| (b) Age of child (days) at the time of joining of Government service | |
| (2) Period of service after joining Government service by the female Government servant (restricted to maximum 15 days) | (c) Period from date of joining Government service to the date of proceeding on Maternity Leave by a female Government servant (days). |
In such cases Maternity Leave shall only be admissible, if the female Government servant applies for grant of Maternity Leave within 15 days from the date of joining of Government service
Effective date for operation whereas the date of judgment is 07.12.2020
Maternity Leave to a female Government servant who was not in Government service at the time of birth of child has been allowed vide FD Memorandum of even number dated 23.12.2021. This Memorandum was issued in view of Hon’ble High Court judgment dated 07.12.2020 in SBCWP no. 4384/2020. The Memorandum dated 23.12.2021 does not indicate any specific effective date for operation whereas the date of judgment is 07.12.2020.
Accordingly, the matter has been re-considered and the Governor Is pleased to order that the effective date of the aforesaid Memorandum shall be 07.12.2020 i.e. date of judgment of High Court instead of date of issue of Memorandum dated 23.12.2021.