Smt. Pinki Singh vs State Of U.P. Thru. Addl. Chief ...
2023 Latest Caselaw 686 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- WRIT - A No. - 59 of 2023
 
Petitioner :- Smt. Pinki Singh
 
Respondent :- State Of U.P. Thru. Addl. Chief Secy. Animal Husbandry Deptt. Civil Sectt. Lko. And 2 Others
 
Counsel for Petitioner :- Mohammad Danish,Mohd. Mansoor
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Vivek Chaudhary,J.

Heard learned counsel for the petitioner and learned Standing Counsel for the State.

The petitioner has approached this Court challenging the orders dated 7.12.2022 and 28.12.2022, whereby her application for maternity leave has been rejected on the ground that second leave is being sought within two months.

This Court has already considered the said issue by its judgment and order dated 15.7.2022 passed in Writ-A No.4301 of 2022 (Dr. Nidhi Rai vs. State of U.P. and others) and held that such condition cannot be imposed.

The view taken by the authority that the said judgment is in personam and is not in rem, is incorrect. The preposition of law is very clearly laid down in the aforesaid judgment and is to be applied in all such matters.

Learned Standing Counsel could not dispute the said judgment.

In view thereof, present writ petition is allowed and the impugned orders dated 7.12.2022 and 28.12.2022 are set aside. Respondent no.2 is directed to consider the case of the petitioner and pass appropriate orders on the application of the petitioner within a period of three weeks from the date, a certified copy of this order is placed before him.

[Vivek Chaudhary,J.]

Order Date :- 6.1.2023

Sachin