ASHUTOSH SRIVASTAVA
Saroj Kumari – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
ASHUTOSH SRIVASTAVA, J.
1. Heard Sri Satyendra Chandra Tripathi, learned counsel for the petitioner, Shri Shailendra Singh, learned Standing Counsel for the State-Respondent Nos. 1 and 2 and Sri Sanjay Kumar Srivastava, learned counsel for the Respondent Nos. 3 to 6.
2. By means of the present writ petition, the petitioner has prayed for issuance of a writ of certiorari quashing the orders dated 14.11.2022 and 25.11.2022 passed by the Respondent No. 4, District Basic Shiksha Adhikari, Etah whereby and whereunder the sanction of maternity leave has been turned down by stating that “after child birth ML is not allowed and now you are eligible for CLL according rule” and “for ML out of date now you can apply for CCL.”
3. At the very outset, Sri Satyendra Chandra Tripathi learned counsel for the petitioner submits that the similar controversy, as raised in the present petition, has already been allowed by this Court in a bunch of writ petition, leading amongst them being Writ (A) No. 9535 of 2022 (Smt. Anupam Yadav vs. State of U.P. and Others).
4. Learned counsel for the petitioner prays that the present writ petition may also be decided in terms of the aforesaid decision dated
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The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
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.
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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 ....
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