Shabana Bano vs State Of Uttarakhand And Others
2025 Latest Caselaw 652 UK

Uttarakhand High Court

Shabana Bano vs State Of Uttarakhand And Others on 2 July, 2025

Author: Ravindra Maithani

Bench: Ravindra Maithani

     HIGH COURT OF UTTARAKHAND AT NAINITAL
          Writ Petition No. 239 of 2025 (S/S)
Shabana Bano                                           ..........Petitioner

                                      Vs.

State of Uttarakhand and Others                    ........ Respondents
Present :   Mr. Dinesh Gahatori, Advocate for the petitioner.
            Mr. Ganesh Kandpal, D.A.G. for the State.

                                 JUDGMENT

Hon'ble Ravindra Maithani, J. (Oral)

The petitioner claims maternity leave salary for

the period in which she was on maternity leave, i.e.

between 05.09.2022 and 02.03.2023 with interest.

2. Heard learned counsel for the parties and

perused the record.

3. It is the case of the petitioner that she was

appointed as Guest Teacher in Government Inter College,

Pashya, Okhalkanda, District Nainital; she applied for

maternity leave from 05.09.2022 to 02.03.2023, which

was sanctioned by the competent authority with salary.

Despite that, she has not been paid salary to which she is

entitled in view of the Government Order dated

11.09.2023, which even entitles maternity leave to the

daily wagers and outsource employees.

4. Respondents-State has filed counter affidavit.

According to it, in view of the Government Order No.

1023, dated 22.11.2018, salary will be admissible for the

period during which the work has been done, and it is

also the case of the respondents-State that pursuant to

the Government Order dated 12.09.2016, the petitioner is

not entitled to get salary for the period during which she

was on maternity leave.

5. Learned counsel for the petitioner submits that

the petitioner is entitled to get the salary pursuant to the

Government Notification dated 11.09.2023; similar

controversy has already been decided by this Court in

WPSS No.371 of 2023, Smt. Priyanka Vs. State of

Uttarakhand and Others, on 29.02.2024.

6. Learned State Counsel admits that the matter

is squarely covered by the judgment dated 29.02.2024,

passed by this Court in WPSS No.371 of 2023, Smt.

Priyanka Vs. State of Uttarakhand and Others.

7. In the case of Smt. Priyanka (supra), this Court

has held that, "by virtue of Government Order dated

11.09.2023 of the State of Uttarakhand, the benefit of

maternity leave has already been granted even to daily

wager engaged by the State or through outsourcing

agency." This issue has already been decided. Therefore,

this Court is of the view that the instant petition deserves

to be allowed.

8. The writ petition is allowed.

9. The respondents are directed to pay salary to

the petitioner for the period between 05.09.2022 and

02.03.2023, when the petitioner was on maternity leave.

The petitioner shall also be entitled to get interest at the

rate of 6 per cent per annum on this amount.

(Ravindra Maithani, J.) 02.07.2025 Ravi Bisht