Smt. Priya Chandrakar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition(S) No. 3919 of 2018 Smt. Priya Chandrakar W/o Tikam Kumar Chandrakar, Aged About 28 Years Working As A.N.M. Samudaik Health Center Abhanpur Block Abhanpur, District Raipur Chhattisgarh.

---- Petitioner

Versus

1. State Of Chhattisgarh Through The Secretary, Department Of Health And Family Welfare Mahanadi Bhavan, Mantralaya, New Raipur Chhattisgarh.

2. Director, Director Of Health Services Idnrawati Bhavan Mantralaya, New Raipur Chhattisgarh.

3. Chief Medical And Health Officer, Raipur, District Raipur Chhattisgarh.

4. Block Medical Officer, Abanpur, District Raipur Chhattisgarh. ---- Respondents For Petitioner:

Shri Rajendra Kumar Patel, Advocate.

For State:

Shri Wasim Miyan, Panel Lawyer Single Bench:Hon'ble Shri Prashant Kumar Mishra, J Order On Board 23.05.2018 1.

The petitioner is a contractual employee. She is seeking maternity leave for which she has moved an application. The said application has been considered for granting maternity leave only for 90 days instead of 180 days. 2.

In the matter of Devshree Bandhe Vs. Chhattisgarh State Power Holding Company Limited and others (W.P.(S) No. 101/2017) decided on 20.02.2017 and also in the matter of Dr. Vijay Laxmi Chandra Vs. State of Chhattisgarh (W.P.(S) No. 3365/2017) decided on 26.07.2017, this court has also held that even contractual employee would be entitled to maternity leave for 180 days.

3.

In view of the order passed by this Court in the matter of Devshree Bandhe and Dr. Vijay Laxmi Chandra (referred to above), it is directed that in case the petitioners move fresh application for grant of maternity leave for 180 days, the same shall be considered by the competent authority in accordance with the law laid down by this Court in the above referred matters. 4.

Accordingly, the Writ Petition stands disposed of at the admission stage.

Sd/- (Prashant Kumar Mishra) Vacation Judge Nikita