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PURNENDU SINGH
Shubh Lata Pandey – Appellant
Versus
Union of India – Respondent
Headnote: Read headnote
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 cas
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 central legal point established is the entitlement of female employees to 180 days of maternity leave as per the Maternity Benefit Act, 1961, and international conventions, irrespective of their ....
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
Point of Law : According to Article 42 of Constitution of India, “State is required to make provision for securing just and humane conditions of work and for maternity relief”.
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