Purnendu Singh, J.—Heard Mr. Alok Kumar Sinha, learned Senior Counsel assisted by Mr. Ravi Shankar and Mr. Bhola Kumar, learned counsels appearing on behalf of the petitioner and Mrs. Punam Kumari Singh, learned C.G.C. for the Union of India.

2. The petitioner in paragraph no. 1 of the present writ petition has sought inter alia following relief(s), which is reproduced hereinafter:—

"A. For issuance of a writ of certiorari quashing the order dated 22.03.2024 contained in Letter No.E- 24014/CRPF/ASG (Ga)/Dasta/ Leave/2024-1082 dated 22.03.2024 whereby application for grant of maternity leave for the period of 180 that is from 13.03.2024 to 04.09.2024 has been refused(Annexure-P/4).

B. For directing the respondents concerned to grant maternity leave to the petitioner with full salary and allowances for the period of 13.03.2024 to 04.09.2024.

C. For passing any other order/direction/s or appropriate Writ/s which Your Lordships deem fit and proper in the facts and circumstances of the instant Case."

BRIEF FACTS:

3. Brief facts of the case are that the petitioner was appointed as Constable (GD) No. 071530103 in the Central Industrial Security Force and at present, she is posted as Constable (GD) at Gaya Airport at Gaya. The petitioner had applied for maternity leave before the respondent no. 3 on 05.03.2024 for the period of 13.03.2024 to 04.09.2024 as her tentative date of delivery was given by the doctor 25.05.2024, which was rejected by the respondent no. 3 on the ground that a female Government servant with less than two surviving child may be granted maternity leave for the period of 180 days and the same was communicated to the petitioner by the respondent no. 4 vide Letter No. E- 24014/CRPF/ASG(Ga)/Dasta/Leave/2024-1082 dated 22.03.2024. Aggrieved by the same, the petitioner has filed the present writ petition.

SUBMISSION MADE ON BEHALF OF THE PARTIES:

4. Learned senior counsel appearing on behalf of the petitioner submitted that the application of the petitioner seeking maternity leave has been rejected by the respondent no.3 and the same has been communicated to the petitioner by the respondent no.4 vide Letter No.E- 24014/CRPF/ASG(Ga)/Dasta/Leave/2024-1082 dated 22.03.2024. The rejection of the application submitted by the petitioner, on the ground of two surviving child is not applicable in her case as she had not taken maternity leave at any point of time prior to the present application, as she has been appointed in the year 2007 and her two female child were born in July, 2005 and March,2006 respectively. Learned senior counsel further submitted that the petitioner has been granted a decree of divorce with her first husband in the month of April, 2022 thereafter, she is re-married with Sri Shankar Lal Loona and now she is living with him happily and maintaining her two daughters. Now, she is expecting a baby from his present husband thus, she is seeking maternity leave for the first time in her entire service period thus, Central Civil Services (Leave)Rules, 1972(For short the Rules) cannot come in the way of the claim of the petitioner as she had two surviving daughters prior to joining her service. He further submitted that the Hon'ble Supreme Court has held in the case of Deepika Singh (2022 AIR SC 4108) that woman's spouse had two biological children from her first marriage would not impinge upon entitlement to avail maternity leave for her sole biological child from the present legally wedded husband. The petitioner is also covered with Section-3(c) of Maternity Benefit Act and Article-15(3) of the Constitution of India.

5. Learned senior counsel relying on the law laid down by the Apex Court in the case of Deepika Singh vs. Central Administrative Tribunal, & Ors. in Civil Appeal No. 5308 of 2022 (Arising out of SLP (C) No. 7772 of 2021) judgment dated 16.08.2022, submitted that the Apex Court, dealing with the facts of the said case, in which, the husband of the appellant was having two children from his first marriage,