Smt. Jyoti Sharma v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPS No. 6309 of 2018 Smt. Jyoti Sharma W/o Shri Girish Sharma, Aged About 33 Years, Presently Working As Accountent At Janpad Panchayat, Chhuikhadan, District- Rajnandgaon, Chhattisgarh. ---Petitioner

Versus

1. State Of Chhattisgarh, Through Secretary, Panchayat And Rural Development Department, Mahanadi Bhawan, Mantralaya, Naya Raipur, District- Raipur, Chhattisgarh.

2. Collector-Cum-District Program Coordinator, Mahatma Gandhi National Rural Employment Guarantee Scheme, Rajnandgaon, District- Rajnandgaon, Chhattisgarh.

3. Chief Executive Officer, Zila Panchayat Rajnandgaon, DistrictRajnandgaon, Chhattisgarh.

4. Chief Executive Officer Janpad Panchayat Chhuikhadan, District- Rajnandgaon, Chhattisgarh.

---Respondents For petitioner :

Shri C.Jayant K.Rao, Advocate.

For State :

Shri S.P.Kale, Dy.A.G.

Hon'ble Shri Justice P. Sam Koshy Order on Board 25/09/2018 1.

The issue raised in the present Writ Petition is for grant of salary for the period during which the petitioner had remained absent from duty on maternity grounds.

2.

So far as the maternity benefit is concerned, the said issue has already been decided by this Court by a series of decisions leading amongst which being the case of Devshree Bandhe v. Chhattisgarh State Power Holding Company Limited & Ors. [WPS No. 101/2017].

3.

Given the said order, this Court has no hesitation in holding that the petitioner also would had been entitled for all the maternity benefits which is provided to a Government employee.

4.

The petitioner in the instant case therefore would also be entitled for salary for the intervening period i.e. the period during which she was on maternity leave as per the government rules. 5.

Let this order be complied by the respondent No.4 at the earliest preferably within a period of 60 days from today. 6.

The Writ Petition thus stands disposed off.

Sd/- (P. Sam Koshy) Sumit JUDGE