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ABDUL MOIN
Purnima Mitra Pandey – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. petitioner's need for child care leave. (Para 3 , 4 , 5 , 6) |
| 2. arguments regarding entitlement to leave. (Para 7 , 8 , 9 , 10) |
| 3. court’s reliance on regulations, 2018, and precedent. (Para 11 , 12 , 13 , 14) |
| 4. grant of leave ordered in favor of petitioner. (Para 15) |
JUDGMENT
Abdul Moin, J.
Heard learned counsel for the petitioner, learned Standing counsel appearing on behalf of the respondents no. 1 & 2 and Sri Ran Vijay Singh, learned counsel appearing on behalf of the respondent no. 3.
2. Sri Ran Vijay Singh, learned counsel appearing on behalf of the respondent no. 3 states that as only a short question of law is involved, as such, he does not intend to file any counter affidavit and prays that the matter may be decided on the basis of arguments as advanced. Consequently, the Court proceeds to decide the matter.
3. Instant writ petition has been filed praying for quashing of the order dated 09.06.2023 passed by the respondent no. 3, a copy of which is annexure 1 to the writ petition. A further prayer is for a Mandamus commanding the respondents to allow child care leave to the petitioner on account of the ongoing treatment of minor son of the petitioner.
4. The
Regulations for child care leave apply to all female employees, irrespective of employment status, reinforcing gender equality under Articles 14 and 16 of the Constitution.
Maternity leave entitlement based on actual prior availment, not mere child count; cannot be substituted by child care leave without reasoned order.
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
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....
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