Kuleshwari Thakur v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR Writ Petition (S) No. 2216 of 2018 Kuleshwari Thakur W/o Shri Pritam Prasad, aged about 28 years, R/o Ward No. 8, Bazar Chowk, Chendriban, Nawaogaon, Post Tatenga, District Balod, Chhattisgarh.

---- Petitioner

Versus

1. State of Chhattisgarh through the Secretary, Department of Health and Family Welfare, Mahanadi Bhawan, Naya Raipur, District Raipur, Chhattisgarh.

2. The Director, Directorate of Health Services , Indiravati Bhawan , Naya Raipur, District Raipur, Chhattisgarh.

3. Mission Director, National Health Mission, Pandri, Raipur, District Raipur, Chhattisgarh.

4. Chief Medical and Health Officer, District Hospital Balod, District Balod, Chhattisgarh.

5. Block Medical Officer, Block Dondi, District Bemetara, Chhattisgarh. ---- Respondents For Petitioner :

Ms. Rabiya Khan, Advocate For Respondent/State :

Smt. M. Asha, Panel Lawyer For Respondent no.3 :

Shri C. Jayant K. Rao, Advocate Hon'ble Shri Justice P. Sam Koshy Order On Board 12/03/2018 The issue involved in the present case is the denial of maternity benefits to the petitioner only on the ground that she is a contractual employee.

2.

The said issue has already been decided by this Court in the case of Devshree Bandhe vs. Chhattisgarh State Power Holding Company Limited and others in WPS 101/2017. The said judgment has also been

reiterated in WPS No. 3365 of 2017 decided on 26.07.2017 in the case of Dr. Vijay Laxmin Chandra vs. State of Chhattisgarh and others. 3.

Counsel appearing for the respondents fairly admit that the issue involved in the present writ petition in fact is covered by the aforesaid decision of this Court.

4.

In the light of the aforesaid judgments passed by this Court, the present writ petition also deserves to be and is accordingly allowed with a direction to the respondents 3 & 4 to ensure that the petitioner is provided with all maternity benefits at par with the government employees. Sd/- (P. Sam Koshy) JUDGE Bhola