Back
PURNENDU SINGH
Shubh Lata Pandey – Appellant
Versus
Union of India – Respondent
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 (
The main legal point established in the judgment is the entitlement of a female government servant to maternity leave under Rule 43 of the Central Civil Services (Leave) Rules 1972, emphasizing a pur....
The interpretation of Rule 43 of the Central Civil Services (leave) Rules 1972, which determines the eligibility for maternity leave based on the number of surviving children a female Government serv....
Entitlement to maternity leave for the birth of the third child despite having three children, based on the interpretation of G.O.Ms.No.237 and Fundamental Rules.
Maternity leave entitlement based on actual prior availment, not mere child count; cannot be substituted by child care leave without reasoned order.
Maternity leave is a reproductive right under Article 21 of the Constitution, and restrictive state policies must not obstruct such entitlements, as aligned with international standards.
The court established that maternity leave regulations should be interpreted liberally to support women's rights, emphasizing that eligibility criteria should consider only children born during the s....
The refusal of maternity leave based on Rule 3 of Appendix XIIA was legally and factually faulty, and the Kerala Service Rules provide a liberalized legal machinery to protect the rights of pregnant ....
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
