Allahabad High Court
Rukshar vs State Of U.P. And 2 Others on 17 February, 2023
Bench: Vikas Budhwar
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 32
Case :- WRIT - A No. - 3049 of 2023
Petitioner :- Rukshar
Respondent :- State Of U.P. And 2 Others
Counsel for Petitioner :- Sushil Kumar Tewari
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Vikas Budhwar,J.
Heard Sri Sushil Kumar Tewari, learned counsel for the petitioner as well as learned Standing Counsel who appears for respondent no. 1 and Sri Shyam Krishna Gupta who appears for respondent nos. 2 and 3.
The case of the writ petitioner is that she is presently posted as Assistant Teacher in Primary School, Hussainpur Hamer-Ist, Kunderkee, District Moradabad. According to the writ petitioner, she had applied for the maternity leave for the period from 26.10.2020 till 23.04.2021 and in the interregnum period, she gave birth to a mail child. Subsequently, she also sought maternity leave from 30.01.2023 till 28.07.2023 on account of the fact that she was possessing 36 weeks pregnancy and she delivered a baby 22.02.2023. However, by virtue of the order dated 01.02.2023 passed by the third respondent, District Basic Shiksha Adhikari, Moradabad now her maternity leave for the period from 30.01.2023 till 28.07.2023 has been denied on the premise that she cannot avail the second maternity leave within a period of two years as per the Rules governing the field. Learned counsel for the writ petitioner has invited the attention of the Court the bunch of cases, reading one Writ- A No. 9535 of 2022 (Smt. Anupama Yadav Vs. State of U.P. and others) along with the connected writ petitions which came to be decided on 21.10.2022 wherein objection taken by the respondents herein was negated and the petitioner therein were made entitled for grant of maternity leave even within two years period. Learned counsel for the writ petitioner has also invited the attention of the Court towards the decision in Service Single No. 32394 of 2019 (Smt. Richa Shukla Vs. State of U.P. and others) decided on 11.12.2019 so as to buttress his submission that the writ petitioner is entitled for maternity leave in the second spell.
Learned Standing Counsel as well as Sri Shyam Krishna Gupta who appears for respondents on the hand have submitted that in view of the decision in the case of Smt. Anupama Yadav (supra) and Smt. Richa Shukla (supra) now the controversy is laid to rest and the writ petitioner is entitled for maternity leave. It is their submission that no fruitful purpose would be solved in detaining the writ petition on board calling for the response from the respondents, however according to them the order impugned in the writ petition passed the third respondent, District Basic Shiksha Adhikari, Moradabad is set aside and the matter be remitted back to him to decide a fresh in the light of the mandate in the case of Smt. Anupama Yadav (supra) and Smt. Richa Shukla (supra).
I have considered the submissions of the rival parties and have perused the record carefully.
It is not in dispute that the writ petitioner had claimed second maternity leave for a period from 30.01.2023 till 28.07.2023 and she had delivered a baby on 22.02.2023. The parties before the Court have also not disputed the fact that the judgment in the case Smt. Anupama Yadav (supra) and Smt. Richa Shukla (supra) still intact and has not been set aside or stayed by any superior court of law. Accordingly, this Court without calling for the response is proceedings to decide the writ petition on the basis of the statements of the parties.
The writ petition stands allowed and the order dated 01.02.2023 is set aside. The matter is remitted to third respondent, District Basic Shiksha Adhikari, Moradabad to decide the claim of the writ petitioner afresh in the light of the law existing on the land within a period of two months from the date of production of certified copy of the order.
Order Date :- 17.2.2023
Nisha
