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J. J. MUNIR
Renu Chaudhary – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
[J.J. Munir, J.]
1. The petitioner, an Assistant Teacher at the Prathmik Vidyalaya, Uncha (Composit), Shamshabad, District - Agra, impugns an order dated 20.11.2020 passed by the Basic Education Officer, Development Block, Shamshabad, District - Agra, refusing to sanction her maternity leave.
2. The petitioner is an Assistant Teacher, working with the Prathmik Vidyalaya Uncha (Composit), Shamshabad, Agra. The Institution aforesaid is established and maintained by the Uttar Pradesh Basic Education Board. The petitioner functions under the overall supervision and control of the Basic Education Officer, Agra and under the immediate control of the Headmaster, Prathmik Vidyalaya Uncha (Composit), Shamshabad, Agra. Admittedly, the petitioner was appointed to the post of Assistant Teacher on 29.6.2011 and joined services w.e.f. 1.7.2011. It is common ground between parties that at the time of entry into service, the petitioner was a married woman. Her service record shows that a son was born to her on August the 19th, 2007 and a daughter on September the 15th, 2011. Thus, a daughter was born to the petitioner soon after she joined service on July the 1st, 2011. It is perhaps for
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
Maternity leave under CCS(Leave) Rules Rule 43 granted for third biological child via purposive interpretation, limited to 12 weeks guided by Maternity Benefit Act, considering divorce, child disabil....
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 ....
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.
Spouse's children from prior marriage do not count against female servant's maternity leave entitlement for her biological child under CCS Rule 43; courts must purposively interpret to prioritize mot....
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 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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