Allowed

Mohini Pandey v. State of U.P. Thru. Addl. Chief Secy. Basic Education Lko. U.P. and 3 Others

Allahabad HC13 Jan 2025WRIA/12643/2024

Case brief

AI extract

What is this about?

Petitioner challenged rejection of her second maternity leave within two years under the 03.05.1990 Government Order. Following the coordinate Bench decision in Richa Shukla, the court quashed the Government Order to that extent and the impugned order, directing the District Basic Education Officer to consider her leave application in two weeks. Petition allowed at admission stage.

What the court decided

AI extract

Mohini Pandey vs State of U.P. Thru. Addl. Chief… — Service and Employment | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:2108

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Court No. - 19

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Case :- WRIT - A No. - 12643 of 2024

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Petitioner :- Mohini Pandey

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Respondent :- State Of U.P. Thru. Addl. Chief Secy. Basic Education Lko. U.P. And 3 Others Counsel for Petitioner :- Ram Lakhan Vishwakarma,Sumer Chandra Counsel for Respondent :- C.S.C.,Ran Vijay Singh,Shivam Sharma

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Hon'ble Manish Mathur,J.

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Heard learned counsel for petitioner, learned State Counsel for opposite parties 1 and 2, Mr. Ran Vijay Singh, learned counsel for opposite party no.3 and Mr. Shivam Sharma learned counsel for opposite party no.4.

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Petition has been filed challenging Government Order dated 03.05.1990 to the extent it denies Maternity Leave within two years of earlier Maternity Leave granted. Also under challenge is order dated 17.11.2024 whereby Maternity Leave to petitioner has been rejected on the said ground. Further prayer for grant of Maternity Leave to petitioner from 19.11.2024 till 17.05.2025 has been sought.

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Aforesaid aspect pertaining to grant of second Maternity Leave within a period of two years from grant of first Maternity Leave has already been dealt in detail by a coordinate Bench of this Court in Writ Petition No.32394 (SS) of 2019( Richa Shukla v. State of U.P. & others ) decided vide judgment and order dated 11.12.2019, which has attained finality.

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Upon consideration of aforesaid judgment, it is evident that aforesaid aspect has already been considered in aforesaid judgment in terms of Rule 153(1) of Financial Hand Book - Volume 2, Parts II to IV in terms with Maternity Benefit Act 1961 and denial of such benefit has been held to be against statutory provisions.

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Aforesaid judgment is squarely applicable in present facts and circumstances of the case and therefore provisions of aforesaid Government Order dated 03.05.1990 and impugned order dated 17.11.2024 are hereby quashed by issuance of a writ in nature of Certiorari. A further writ in nature of Mandamus is issued commanding opposite party no.4 i.e. District Basic Education Officer, Rae Bareli to consider petitioner’s Application for grant of Maternity Leave in terms of aforesaid judgment within a period of two weeks from the date a certified copy of this order is served on the said opposite party. Petitioner shall annex a copy of judgment and order dated 11.12.2019 rendered in Writ Petition No.32394 (SS) of 2019( Richa Shukla v. State of U.P. & others ) along with a copy of this order.

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In view of aforesaid, the petition stands allowed at the admission stage itself. Parties to bear their own costs.

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Order Date :- 13.1.2025 kvg/-

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Digitally signed by :- GIREESAN KV High Court of Judicature at Allahabad, Lucknow Bench

Mohini Pandey v. State of U.P. Thru. Addl. Chief Secy. Basic Education Lko. U.P. and 3 Others

Case brief

What is this about?

What the court decided

Mohini Pandey v. State of U.P. Thru. Addl. Chief Secy. Basic Education Lko. U.P. and 3 Others

Case brief

What is this about?

What the court decided

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