High Court Of ChhattisgarhWPS/4017/2018disposed off

Smt. Shrishti Devi Shyam v. State Of Chhattisgarh

2018-06-08Hon'Ble Shri Justice Ram Prasanna Sharma2 pages

-1NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPS No. 4017 of 2018 Smt. Shrishti Devi Shyam W/o Anil Kumar Dhruv, Aged About 26 Years Working As A.N.M. At Community Health Center, Simga, District Baloda Bazar Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Petitioner

Versus

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

2. Director, Director Of Health Services, Indrawati Bhawan, Mantralaya, New Raipur, District Raipur Chhattisgarh., District : Raipur, Chhattisgarh

3. Chief Medical And Health Officer, Baloda Bazar - Bhatapara, District Baloda Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh

4. Block Medical Officer Simga, District Baloda Bazar - Bhatapara Chhattisgarh., District : Balodabazar-Bhathapara, Chhattisgarh ---- Respondents For Petitioner :

Shri Shailesh Puriya, Advocate For State :

Shri Dhiraj Wankhede, Govt. Advocate S.B. : Hon'ble Shri Justice Ram Prasanna Sharma Order On Board 08/06/2018

1. Heard on IA No.1, application for hearing the case during summer vacation & IA No.2, application for urgent hearing.

2. Upon due consideration, both the applications (IA No.1 & 2) are allowed.

3. Heard on admission.

4. The petitioner is a contractual employee. She is seeking maternity leave for

-2which she has moved an application. The said application has been considered for granting maternity leave only for 90 days instead of 180 days.

5. In the matter of Devshree Bandhe Vs. Chhattisgarh State Power Holding Company Limited and others (WPS No. 101/2017) decided on 20.02.2017 and also in the matter of Dr. Vijay Laxmi Chandra Vs. State of Chhattisgarh (WPS 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.

6. In view of the orders 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 petitioner moves 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.

7. Accordingly, the Writ Petition stands disposed of at the admission stage. Sd/---/-/-/--- -- (Ram Prasanna Sharma) V. Judge Praveen