Smt. Sushma vs State Of U.P. And 2 Others
2023 Latest Caselaw 3425 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 34
 

 
Case :- WRIT - A No. - 208 of 2023
 

 
Petitioner :- Smt. Sushma
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Vinod Kumar,Kaushal Kishor
 
Counsel for Respondent :- C.S.C.,Vijai Kumar Srivastava
 

 
Hon'ble Saurabh Shyam Shamshery,J.

1. Second baby of petitioner was born on 20.01.2023. Before that she has applied for maternity leave, however, the same was rejected apparently on the ground that second maternity leave within a period of two years from the date of birth of first baby cannot be granted.

2. Learned counsel for petitioner placed reliance on a judgment passed by a Coordinate Bench of this Court in Smt. Anupam Yadav vs. State of U.P. and others (Writ-A No. 9535 of 2022), decided on 21.10.2022 which covers the issue in favour of petitioner that restriction imposed by second proviso of Rule 153(1) of Financial Handbook to the effect that second maternity leave cannot be granted where there is difference of less than two years between the end of the first maternity leave and grant of second maternity leave, was held to be illegal on the ground that Maternity Benefit Act, 1961 does not contain any such stipulation.

3. In the counter affidavit filed on behalf of Respondent-3, reply to this issue is that it being a legal issue, will be addressed during argument. Sri Vijay Kumar Srivastava, learned counsel appearing for Respondent-3, is not able to place any legal submission contrary to the judgment in Smt. Anupam Yadav (supra) and nothing has been brought on record that aforesaid judgment has been challenged by State.

4. The outcome of above discussion is that, the writ petition is allowed. Impugned order dated 16.12.2022 is hereby set aside. Respondent-3, District Basic Education Officer, Rampur is directed to pass appropriate order sanctioning maternity leave to petitioner within a period of four weeks from today.

Order Date :- 2.2.2023

AK