Partly allowed

Smt Sony v. the State of U.P. and 2 Others

Allahabad HC18 Jul 2024WRIA/9777/2024

Case brief

AI extract

What is this about?

In a writ petition, the Allahabad High Court quashed an order rejecting a teacher's maternity leave application. The court held the rejection based on a two-year gap rule was not in accordance with law, ordered the leave be allowed, and directed salary payment within six weeks.

What did the court decide?

Quashed impugned order; allowed maternity leave of 180 days; directed payment of salary and emoluments within six weeks.

Smt Sony vs the State of U.P. and 2 Others — Pension and Retirement Benefits | Allahabad HC (2024)

¶1

Neutral Citation No. - 2024:AHC:114399

¶2

Court No. - 7

¶3

Case :- WRIT - A No. - 9777 of 2024

¶4

Petitioner :- Smt Sony Respondent :- The State Of U.P. And 2 Others Counsel for Petitioner :- Dev Kant Trigunait Counsel for Respondent :- Akanksha Sharma,C.S.C.

¶5

Hon'ble Prakash Padia,J.

¶6

Heard learned counsel for the parties and perused the record.

¶7

Learned standing counsel has accepted notice on behalf of respondent no.1 and Smt. Akanksha Sharma has accepted notice on behalf of respondent nos.2 and 3.

¶8

Petitioner has preferred the present writ petition inter alia with the following prayer:-

¶9

"A. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 02.07.2024 (Annexure No.1 to this writ petition) passed by Respondent no.3 (District Basic Education Officer, Moradabad) by which the maternity leave application of the petitioner has been rejected.

¶10

B. Issue a writ, order or direction in the nature of mandamus commanding and directing the respondent no. 3 (District Basic Education Officer, Moradabad) to sanction maternity leave to the petitioner, within a stipulated period as may be prescribed by this hon'ble Court."

¶11

By the order dated 02.07.2024 passed by the District Education Officer, Moradabad, the application to grant child maternity leave has been rejected on the ground that two years gap is not there between the end date of first child maternity leave and start date of second maternity leave as per G.O.. The order dated 02.07.2024 reads as follows:-

¶12

"KM Sony ( ककोड -2142994 ), सहहायक अध्यहापकभहाषहा ( अअंगग्रेजज ) अध्यहापक PS DHANU PURA कको उनकग्रे आवग्रेदन ( सन्दभर सअंख्यहा 26072584) पर ददनहाअंक 02/07/2024 सग्रे ददनहाअंक 28/12/2024 तक 180 ददन कहा महातृव अवकहाश दनम्नललिलखित कहारणणों सग्रे अस्वजकतृत दकयहा जहातहा हहै। त

¶13

अननुमन्य नहहीं। - Two years' gap not there between end date of first child maternity leave and start date second maternity leave as per GO."

¶14

Learned counsel for the petitioner has placed reliance upon the law laid down by a co-ordinate Bench of this Court in Writ-A No.14833 of 2020, Renu Chaudhary

¶15

vs. State of U.P. and others, decided on 24.12.2021 as well as the judgement and order delivered in Writ-A No.4996 of 2022 (Smt. Guddi vs. State of U.P. and others) , decided on 8.4.2022.

¶16

From perusal of the record, it is clear that the controversy involved in this writ petition has already been decided by different co-ordinate Benches of this Court in the aforesaid judgement and orders.

¶17

In this view of the matter, this Court is of the opinion that impugned order dated 2.7.2024, passed by respondent no.3, District Basic Education Officer, Moradabad, is not in accordance with law and is hereby quashed. Maternity leave of 180 days placed by the petitioner deserves to be allowed and is hereby allowed . The payment of salary and other emoluments for the aforesaid period should be paid to the petitioner within a period of six weeks from today.

¶18

Counsel for respondent no.3 will inform regarding this order to the authorities concerned forthwith.

¶19

Order Date :- 18.7.2024 Swati

¶20

Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad

Smt Sony v. the State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

Smt Sony v. the State of U.P. and 2 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Meenu Gautam vs State of Up and 4 Others

Smt Anjana Verma vs State of Up and 2 Others

Smt Anjali Srivastava vs State of Up and 5 Others

Smt Farhanaaz vs State of Up and 2 Others

Isteyak Khan vs State of U.P. and 3 Others

Rubeena Tabassum vs State of U.P. and 2 Others