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MANISH MATHUR
Sonali Sharma – Appellant
Versus
State of U. P. – Respondent
| Table of Content |
|---|
| 1. challenging rejection of maternity leave application (Para 2 , 3) |
| 2. precedents establish applicability of maternity benefit act (Para 4 , 5 , 7) |
| 3. existing orders cannot be supplemented by further affidavits (Para 8) |
| 4. court issues writ for maternity leave (Para 9) |
| 5. petition allowed, parties bear costs (Para 10) |
JUDGMENT
Manish Mathur, J.
Heard learned counsel for petitioner and learned State Counsel for opposite parties.
2. Petition has been filed challenging order dated 17.10.2023 whereby petitioner's application for second maternity leave has been rejected. Further prayer seeking a direction to opposite parties to grant maternity leave to petitioner with effect from 14.08.2023 till 09.02.2024 with full salary has also been sought.
3. It has been submitted that a perusal of impugned order will make it evident that petitioner's application for maternity leave has been rejected only on the ground that as per Regulation 101 read with Regulation 153(1) of FINANCIAL HANDBOOK VOLUME II part 2 to 4, second maternity leave is not admissible in case it is sought within a period of two years from the date first maternity leave was sanctioned.
4. Learned counsel for petit
The Maternity Benefit Act, 1961 prevails over the Financial Handbook's provisions, allowing second maternity leave regardless of a two-year gap requirement.
The Maternity Benefit Act, 1961 prevails over conflicting state regulations, affirming women's fundamental right to maternity leave.
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....
The court established that maternity leave regulations should be interpreted liberally to support women's rights, emphasizing that eligibility criteria should consider only children born during the s....
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.
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 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....
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