Madhuri Shukla v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4874 of 2017 Madhuri Shukla W/o Alok Shukla, Aged About 32 Years Working As Medico Social Work, Regional Cancer Centre, Dr. B. R. Ambedkar Hospital Raipur R/o C 52 Sector -1 Shankar Nagar, Raipur District Raipur Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare, Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

2. State Of Chhattisgarh Through Secretary, General Administration Department Mahanadi Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

3. Director, Directorate Of Health Services, Indrawati Bhawan, Mantralaya, Naya Raipur, District Raipur Chhattisgarh

4. Health Of Department Regional Cancer Centre, Dr. B. R. Ambedkar Hospital, Raipur, District Raipur Chhattisgarh ---- Respondents Shri Shishir Dixit, counsel for the petitioner/s. Shri Satish Gupta, Govt. Advocate for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 21/09/2017 The only grievance which is ventilated through this petition is that the benefit of maternity leave of 180 days is not being extended to the petitioner only on the ground that the petitioner happens to be a contractual employee. This is against the verdict of this Court in the case of Devshree Bandhe v. Chhattisgarh State Power Holding Company Ltd. and ors. passed in WPS No.101/2017. 2.

Learned counsel for the petitioner submits that earlier, in WPS No.3365/2017, this Court, vide order dated 26/07/2017, had directed the Government to issue necessary circular to all the departments/agencies/corporations and its instrumentalities, but till date, it has not been done and therefore, the petitioner is required to seek directions from this Court.

3.

State counsel would not oppose in so far as the legal position settled by this Court in the case of Devshree Bandhe (supra). 4.

In view of above, this petitioner is also entitled to the same benefit as has been extended in the case of Devshree Bandhe in the matter of grant of maternity leave. Let necessary steps be taken in that regard. 5.

The petition is accordingly finally disposed off. Sd/- (Manindra Mohan Shrivastava) Judge Deepti