The Lucknow Bench of the Allahabad High Court while allowing the petition held that there is no bar for an employee seeking Second Maternity benefit within a period of two years from the grant of First Maternity benefit.
A Single Bench of Justice Manish Mathur passed this order while hearing a petition filed by Smt Sonali Sharma.
The Petition has been filed challenging order dated 17.10.2023 whereby petitioner’s application for second maternity leave has been rejected.
Further prayer seeking a direction to opposite parties to grant maternity leave to petitioner with effect from 14.08.2023 till 09.02.2024 with full salary has also been sought.
It has been submitted that a perusal of impugned order will make it evident that petitioner’s application for maternity leave has been rejected only on the ground that as per Regulation 101 read with Regulation 153(1) of Financial Handbook Volume II part 2 to 4, second maternity leave is not admissible in case it is sought within a period of two years from the date first maternity leave was sanctioned.
Counsel for petitioner has placed reliance on judgments rendered by Coordinate Benches of the Court in the case of Anupam Yadav & Ors versus State of U.P & Ors reported in 2022(11) ADJ 669, Anshu Rani Versus State of U.P & Ors reported in (2019) 3 UPLBEC 1741 and Satakshi Mishra versus State of U.P & Ors reported in 2022(10) ADJ 333.
The Court noted that the aforesaid reasoning has also been indicated by Coordinate Benches of the Court in the other two judgments as well to the effect that the provisions of Maternity Benefit Act, 1961 being a beneficial legislation would have an overriding effect over the provisions of Financial Handbook. It was specifically held that Second Maternity Leave within a period of two years from the grant of First Maternity Leave is admissible.
“Since the only reason indicated for rejection of petitioner’s application of second maternity benefit is already indicated in the impugned order itself, the same cannot be supplemented or made better by any other affidavit as indicated in judgment of the Supreme Court in the case of Mohinder Singh Gill & Ors versus Chief Election Commissioner, New Delhi & Ors reported in AIR 1978 SC 851, therefore this petition is being adjudicated upon at the admission stage itself considering law settled as indicated hereinabove with regard to dispute in the petition.
Considering the aforesaid judgments on the point, it being evident that there is no bar for an employee seeking Second Maternity benefit within a period of two years from the grant of First Maternity benefit, the impugned order dated 17.10.2023 is hereby quashed by issuance of a writ in the nature of Certiorari. A further writ in the nature of Mandamus is issued commanding the opposite party no 2 i.e Director, Dibyangjan Sashaktikaran Nideshalaya U.P Lucknow to sanction Maternity Leave to petitioner with effect from 14.08.2023 till 09.02.2024 alongwith all service benefits”, the Court observed while allowing the petition.
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