Anupam Yadav vs State of U. P. - 2022 Supreme(All) 1270

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(All) 1270

ASHUTOSH SRIVASTAVA
Anupam Yadav – Appellant
Versus
State of U. P. – Respondent

Advocates Appeared:
For the Petitioner: V.K. Agnihotri.
For the Respondent: C.S.C., Chandan Kumar, Vikram Bahadur Singh.

JUDGMENT :

1. These writ petitions raise common questions of law and facts and thus are being decided together by a common order. The writ petitioners, who are working as Assistant Teachers in Primary Schools managed by the Uttar Pradesh Basic Education Department, have approached this Court assailing the orders passed by the competent authority / District Basic Education Officer whereby and whereunder the sanction of maternity leave for 180 days has been turned down by stating that the same is not admissible/ or on the ground that the period of 2 years have not elapsed from the date of the expiry of the last maternity leave granted to them under the proviso to Rule 153 (I) of Chapter XIII of the U.P. Fundamental Rules in Financial Handbook Volume-II, Part 2 to 4.

2. In order to adjudicate the legal issue involved the facts of writ petition No. 9535 of 2022 are being considered.

3. The writ petitioner was appointed as Assistant Teacher at Primary School Dhakatal Mahewa District Etawah vide appointment letter dated 28.6.2016. The petitioner gave birth to a male child on 4.1.2021. Thereafter, the petitioner again became pregnant and applied for maternity leave online on 17.6.2022. The o