Anshu Rani vs State Of U P And 2 Others
2019 Latest Caselaw 467 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 18
 

 
Case :- WRIT - A No. - 3486 of 2019
 

 
Petitioner :- Anshu Rani
 
Respondent :- State Of U P And 2 Others
 
Counsel for Petitioner :- Avadhesh Pratap Singh
 
Counsel for Respondent :- C.S.C.,Prem Prakash Yadav
 

 
Hon'ble Prakash Padia,J.

Learned counsel for the petitioner Sri Avadhesh Pratap Singh contended that although the petitioner is entitled for maternity leave of 180 days but wholly illegally vide order dated 11.10.2018 District Basic Education Officer, Bijnor, granted maternity leave to the petitioner only for 90 days. He also relied upon an order of this Court passed in Writ A No.1337 of 2019 (Manisha Singh Vs. State of U.P. and 2 others) dated 25.1.2019. It is further contended by learned counsel for the petitioner that the Parliament had already made an amendment in Maternity Benefit Act, 1961 by amendment namely Maternity Benefits (Amendment) Act, 2017 (Act No.6 of 2017). By the aforesaid amendment, the amendments were made to the extent that the maternity leave could be granted to the extent of 26 weeks. The copy of the aforesaid amendment was placed by the learned counsel for the petitioner before the Court during the course of arguements, the same is taken on record.

At this juncture a request was made by Sri Prem Prakash Yadav, learned counsel representing respondent no.2, District Basic Education Officer, Bijnor, to grant him some time to seek instructions in the matter.

On his request put up on 08.3.2019 as fresh.

Order Date :- 5.3.2019

Pramod Tripathi