Smt. Asha Soni v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR W.P. (S) No.

of 201 Smt. Asha Soni, wife of Shri Ajay Soni, aged about 27 years, posted as RMNCHA+A Counsellor, District Hospital, Janjgir, District Janjgir- Champa (C.G.) ---- Petitioner

Versus

1. State of Chhattisgarh, through the Secretary, Health and Family Welfare Department, Mahanadi Bhawan, Mantralaya, New Raipur (C.G.)

2. The Director, Directorate of Health and Family Welfare, New Raipur (C.G.)

3. The Deputy Director, National Health Mission, Raipur, Fourth Floor, Chhattisgrah Housing Board Commercial Premises (SouthEast Corner), Sector-27, New Raipur (C.G.)

4. The Civil Surgeon-Cum-Chief Hospital Superintendent, District Janjgir Chama (C.G.) ---- Respondents For Petitioner:

Mr. Abdul Wahab Khan, Advocate.

For Respondent/State:

Mr. Sangharsh Pandey, Dy. Govt. Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 0 5 /0 2 /201 (1) The only issue arising for consideration in this petition is whether a contractual employee is entitled to same period of maternity leave as a regular employee. This issue is no longer res integra in view of the order dated 27-02-2017 passed by this Court in the case of Devshree Bandhe vs. Chhattisgarh State Power Holding Company Limited and others (WPS No.101/2017),

wherein it has been clearly held that irrespective of the nature of employment, a lady employee would be entitled to 180 days of maternity leave, which is applicable to a regular employee. It is not in dispute, in view of the circular dated 25-05-2016 of the State Government that after amendment of Chhattisgarh Civil Services (Leave) Rules, 2010, maternity leave can be granted for a period of 180 days.

(2) In the present case, by the impunged order dated 22.12.2017, the respondent No. 3 has extended the petitioner's maternity leave for a period of 45 days on the basis of 'no work no pay' as she has already availed maternity leave of 90 days. It is not tenable in the eye of law, in view of the recent pronouncement of this Court in the case of Devshree Bandhe (supra), the impugned order cannot be sustained and the same is hereby set aside. The petitioner would be entitled to maternity leave for a period of 180 days. This order may be placed by the petitioner before the respondent for necessary compliance.

(3) In view of above, the petition is finally disposed off. Sd/- (Sanjay K. Agrawal) Judge D/-