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IN THE HIGH COURT OF JUDICATURE AT PATNA
PURNENDU SINGH
Shobha Kumari, Wife of Sri Ravi Kant Kumar, Daughter of Late- Bhola Prasad Giri – Appellant
Versus
State of Bihar, through Additional Chief Secretary, Education Department, Govt. of Bihar, Patna – Respondent
| Table of Content |
|---|
| 1. petitioner's relief requests for maternity leave. (Para 2) |
| 2. court's interpretation of maternity leave entitlement. (Para 3) |
| 3. jurisdictional issues of the appellate authority's order. (Para 4) |
| 4. non-payment of maternity leave violates constitutional rights. (Para 5 , 6 , 7) |
| 5. court's final decision to grant maternity leave. (Para 8 , 9) |
JUDGMENT :
Purnendu Singh, J.
Heard Mr. Ravi Kant Kumar, learned counsel appearing on behalf of the petitioner and Mr. Subodh Kumar, learned AC to SC(26) for the State.
2. Petitioner has inter alia prayed for following reliefs in the paragraphs No.1 of the writ petition:-
“(A) To issued the writ of certiorari and set aside the order dated 19/06/2024 Contained Annexure 5 Passed by Learned District Authority Patna (Res. 5), in Appeal Case No. 94 of 2023 whereby and where under refused to Granted the Maternity Leave to the Since 23.03.2023 to 19.09.2023 to the petitioner which is provided to benefit of maternity leave up to 180 days had been made available for Women Teacher Under Section 20 (1) (iii) of the Bihar Panchayat Elementary School Service (App. Promotion, Transfer, Disciplinary Proceeding and Service Condition) Rule 2020, it sh
Undue denial of maternity leave violates statutory provisions and fundamental rights, necessitating rectification by court intervention.
Point of Law : Act of 1961 was enacted to secure women's right to pregnancy and maternity leave and to afford women with as much flexibility as possible to live an autonomous life, both as a mother a....
The Maternity Benefit Act ensures that all female employees, regardless of their employment status, are entitled to maternity benefits, reinforcing the principle of non-discrimination.
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 ....
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