Petitioner Dr. Swati Vishwakarma sought maternity leave via writ petition. Court dismissed need for notice, directing Competent Authority to decide her pending representation in light of Smt. Preeti Singh and Smt. Richa Shukla decisions within three weeks in a reasoned order.
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Court No. - 33
Case :- WRIT - A No. - 21781 of 2022
Petitioner :- Dr. Swati Vishwakarma Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Dinesh Kumar Yadav,Prem Narayan Tiwari
Counsel for Respondent :- C.S.C.
Hon'ble Jaspreet Singh,J.
Heard learned counsel for the petitioner as well as the learned State counsel for the respondents.
By means of the present writ petition, the petitioner prays for the following relief which reads as under:-
"(i) Issue a writ, order or direction in the nature of Mandamus commanding the respondent no. 3 grant the maternity leave to the petitioner since 04.09.2021 up till 31.01.2022, during the pendency of present petition before this Hon'ble Court. "
The submission of learned counsel for the petitioner is that the petitioner is entitled to maternity leave for which she has already moved a representation, a copy of which has been brought on record as Annexure No. 1, however, the same has yet not been granted.
Considering the fact that the grant of maternity leave and appropriate orders thereon to be passed by the Competent Authority, accordingly, this Court does not deem it appropriate to issue any notice or call for any counter affidavit rather is of the opinion that ends of justice can be met by directing the Competent Authority to consider the case of the petitioner for grant of maternity leave in light of the decision of this Court in the case of Smt. Preeti Singh Vs. State of U.P. and others in Writ Petition bearing No. 9907 (SS) of 2021 decided on 27.04.2021 which is based on the leading Case of Smt. Richa Shukla Vs. State of U.P. and others in W.P. No. 32394 (SS) of 2019 decided on 11.12.2019.
Accordingly, the petition is disposed of directing the Competent Authority to make an endevour to decide the pending representation of the petitioner in light of the aforesaid decisions in the case of Preeti Singh (Supra) as well as the case of Richa Shukla (Supra) by a speaking and reasoned order preferrably within a period of three weeks from the date a certified copy of this order is placed before the Authority
concerned.
With the aforesaid, the petition stands disposed of.
Order Date :- 1.2.2023
Asheesh
Digitally signed by :- ASHEESH KUMAR High Court of Judicature at Allahabad
3 issues framed by the court
Whether the Competent Authority is directed to consider the petitioner's representation for maternity leave.
Whether the matter is ended by directing the Authority to decide the representation within three weeks.
Whether the petitioner's plea for maternity leave is merits-based or based on previous decisions.
Colour shows how this judgement treated each authority
Smt. Preeti Singh Vs. State of U.P. and othersReferred¶10
Smt. Preeti Singh Vs. State of U.P. and others in Writ Petition bearing No. 9907 (SS) of 2021
Smt. Richa Shukla Vs. State of U.P. and othersReferred¶10
Smt. Richa Shukla Vs. State of U.P. and others in W.P. No. 32394 (SS) of 2019
Dr. Swati Vishwakarma
State Of U.P.
2 Others
Jaspreet Singh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
