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KARUNESH SINGH PAWAR
Kiran Verma – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT :
(Karunesh Singh Pawar, J.)
1. Heard learned counsel for the petitioner and learned Additional Chief Standing Counsel for respondents no. 1 to 3.
2. By means of this writ petition, the petitioner has prayed to quash the impugned order dated 16.07.2022 passed by respondent no.3 District Panchayat Raj Officer, Fatehpur by which the maternity leave of the petitioner has been rejected.
3. Further a writ of mandamus directing respondent no.2 Deputy Director (Panchayat) Prayagraj Division Prayagraj to sanction the maternity leave and pay salary in accordance with rule has also been prayed to be issued.
4. Admitted facts between the parties are as under:-
5. Petitioner was appointed on the post of Assistant District Panchayat Raj Officer (Pravi) on 18.06.2014. She joined in the month of June, 2014. After the marriage, she became pregnant and consequently she moved a representation before respondent no.2 praying for sanction of maternity leave from 01.07.2021 to 27.12.2021 which was sanctioned by order dated 30.06.2021. After one year, the petitioner again moved an application on 24.06.2022 for maternity leave for second issue before the respondent no.3 with a prayer to sanction ma
Government employees are not entitled to maternity leave under the Maternity Benefit Act, 1961, and the 3rd proviso to Rule 153 of the Fundamental Rules restricts the grant of maternity leave within ....
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
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.
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.
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....
Maternity leave benefits under Rule 103 extend to female government servants who give birth within the confinement period, irrespective of their employment status at that time.
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