Dr. Anjalica Kanaujia vs State Of U.P. And 2 Others
2023 Latest Caselaw 6072 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 36
 

 
Case :- WRIT - A No. - 3501 of 2023
 

 
Petitioner :- Dr. Anjalica Kanaujia
 
Respondent :- State Of U.P. And 2 Others
 
Counsel for Petitioner :- Hemendra Kumar,Rajesh Mishra
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Neeraj Tiwari,J.

Heard learned counsel for petitioner and learned standing counsel for State-respondents.

Learned counsel for petitioner submitted that petitioner was appointed as Senior Resident in Community Medicine Department, Lala Lajpath Rai Ismarak Medical College, Meerut. Vide application dated 25.01.2023, petitioner has prayed for maternity leave, which was rejected by respondent No. 3 on the ground that in the light of Government Order dated 22.08.1989, petitioner is not entitled for maternity leave. It is next submitted that under the provisions of Maternity Benefit Act, 1961, petitioner is entitled for maternity leave. In support of his contention, he has placed reliance upon the judgments of this Court passed in Dr. (Smt) Khushboo Jain vs. State of U.P. and others (Writ-A No. 21780 of 2018) decided on 22.10.2018 & Writ Petition No. 24627 of 2017 (Dr. Rachana Chaurasiya vs. State of U.P and others decided on 29.05.2017.

Learned standing counsel is not in a position to dispute that controversy so decided by the Courts on earlier occasions is similar to present controversy.

I have considered the submissions of counsel for parties and perused the records as well as judgments passed in Dr. (Smt) Khushboo Jain (Supra). There is no difference on the facts of both the cases as Dr. (Smt) Khushboo Jain (Supra) was also working as Senior Resident. In the judgment of Dr. Rachana Chaurasiya(Supra), there is a reference of judgment of Apex Court passed in Municipal Corporation of Delhi vs. Female Workers (Muster Roll) and Anr.; 2003 SCC 224, where the benefit of Maternity Leave as per the Act of 1961 has been given to all female employees, including those working on Muster Roll. Not only this, similar dispute was also subject matter of Writ-A No. 17290 of 2021 (Dr. Jyoti Chaudhary vs. State of U.P. and 2 others), in which, Court after considering the judgments of this Court as well as Apex Court has disposed of the petition vide order dated 22.12.2021.

Therefore, under such facts of the case, the endorsement/order passed by the respondent No. 3-Principal of the Medical College on the application of the petitioner dated 25.01.2023 is set aside, a direction is issued to the respondent No. 3 to grant Maternity Leave to the petitioner with full pay as applied, within a period of two weeks from from the date of production of certified copy of this order.

Accordingly, writ petition is allowed.

No order as to costs.

Order Date :- 24.2.2023

Sartaj