The Allahabad High Court recently issued a significant ruling regarding the eligibility for maternity leave for government employees. The court dismissed a petition submitted by a female government employee who sought six months of maternity leave for her fourth child. This decision was rendered in the case of Sashi Kumari v. State of UP and Others by Justice Manju Rani Chauhan on August 7.
Case Background
In her plea, the petitioner contended that although she had not utilized maternity leave for her first three children, she should be entitled to this benefit for her fourth child, as she was requesting maternity leave for the first time. However, the State government opposed this claim, citing specific provisions outlined in the Financial Handbook.
Legal Provisions and Court’s Decision
The Financial Handbook clearly states that maternity leave is granted to permanent or temporary female government employees only on two occasions. Furthermore, it specifies that if a woman has two or more living children, she is not eligible for maternity leave. Based on these regulations, the court found no grounds to challenge the State’s decision and thus rejected the petitioner’s appeal.
Justice Chauhan, while delivering the judgment, remarked, “In view of the above, no interference is required by this Court.” This decision underscores the adherence to existing rules governing maternity leave entitlements within the state government framework.
Document Submission Concerns
In addition to the primary ruling, the court also highlighted procedural issues concerning the submission of documents. It was noted that the petitioner had attached only typed copies of documents instead of photocopies of the originals. The court expressed difficulty in making determinations based solely on typed documents due to potential errors and emphasized the necessity for verification against original documents.
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Consequently, the court directed the reporting section to ensure that objections are raised in such instances, mandating that writ petitions are filed with appropriate photocopies of the documents attached.
Legal Representation
Advocate Anchal Ojha represented the petitioner in this case, while Additional Chief Standing Counsel Anuradha Sundaram appeared for the State. Advocate Nagendra Kumar Pandey represented the other respondents involved in the case.
For more details, you can refer to the [Read Order] section.
