Dr. Lipika Shrivastav Kulshrestha v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 6189 of 2017 Dr. Lipika Shrivastav ( Kulshrestha ) W/o Dr. M. M. Shrivastava, Aged About 34 Years Working As Ayurved Medical Officer, Primary Health Centre, Hanauda, Block Nikum, District Durg Chhattisgarh ---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health & Family Welfare, Mahanadi Bhawan, Mantralaya, New Raipur District Raipur (Chhattisgarh).

2. Mission Director, National Health Rural Mission, Indrawati Bhawan, Mantralaya New Raipur District Raipur Chhattisgarh

3. Director, Directorate Of Ayurveda, Yoga And Naturopathy, Unani, Siddha And Homeopathy ( Ayush ), Old Nurses Hostel, Near D K S Bhawan, Old Mantralay, Raipur Chhattisgarh

4. Chief Medical And Health Officer, District Hospital Durg, District Durg (Chhattisgarh).

5. District Ayurved Officer, Durg District Durg Chhattisgarh

6. Block Medical Officer, Block Nikum, District Durg Chhattisgarh

7. Incharge, Primary Health Center, Hanauda, Block Nikum District Durg Chhattisgarh ---- Respondents Shri Ramesh Nayak, counsel for the petitioner/s. Shri Avinash Singh, Panel Lawyer for the State. Hon'ble Shri Justice Manindra Mohan Shrivastava Order On Board 20/11/2017 Learned counsel for the petitioner submits that the application for grant of maternity leave has remained pending without any decision. 2.

According to learned counsel for the petitioner, the petitioner is entitled to maternity leave of 180 days as per the decision of this Court in the case of

Devshree Bandhe v. Chhattisgarh State Power Holding Company Ltd. and ors. (WPS No.101/2017).

3.

At this stage, when petitioner's claim has not been decided on the legal issue on the legal issue, learned counsel for the State would submit that this Court had settled the legal position with regard to entitlement of maternity leave for contractual employees, in the case of Devshree Bandhe (supra). Therefore, the case of the petitioner shall be examined and appropriate decision shall taken. Let appropriate decision in the matter be taken within an outer limit of 30 days from the date of receipt of copy of this order. 4.

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