Smt. Tama Ashim Gain v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 4511 of 2018 Smt. Tama Ashim Gain W/o Ashim Gain, aged about 34 years, Presently posted as Assistant Medical Officer (AMO), Primary Health Center, Jaibel, Block-Bakawand, Jagdalpur, District Bastar (C.G.), permanent R/o Hanumar Mandir Gali, Nayapara, Village Adawal, Jagdalpur, District Bastar (C.G.).

---Petitioner

Versus

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

2. Director, Directorate Of Health Services, Indrawati Bhawan, Mantralay, New Raipur, District Raipur, Chhattisgarh.

3. Chief Medical And Health Officer, Jagdalpur, District Bastar, Chhattisgarh.

4. Block Medical Officer, Block Bakawand Jagdalpur, District Bastar (C.G.).

---Respondents For petitioner :

Shri Nitansh Kumar Jaiswal, Advocate.

For State :

Shri Chandresh Shrivastava, Panel Lawyer.

Hon'ble Shri Justice P. Sam Koshy Order on Board 11/07/2018 1.

The grievance of the petitioner in the instant case is non-granting of maternity leave to the petitioner on the ground that she is a contractual employee.

2.

The issue raised in the present Writ Petition has already been laid to rest by a couple of decisions passed by this Court leading been Devshree Bandhe v. Chhattisgarh State Power Holding Company Limited &

Ors. (WPS No.101/2017). The said judgment has further been followed in a series of decisions passed by this Court. 3.

The present petitioner's case also fits in the directives given by this Court in the said judgment.

4.

Accordingly, the present Writ Petition also stands allowed in similar terms and the respondents are directed to ensure that the petitioner is provided with the maternity benefits at par with that of a Government employee.

5.

The Writ Petition thus stands disposed off.

Sd/- (P. Sam Koshy) Sumit JUDGE