The court set aside the impugned order denying second maternity leave, directing the respondents to pass a fresh order within four weeks in light of a prior judgment allowing such leave before the stipulated period.
Impugned order set aside; respondents directed to pass fresh order within four weeks.
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Neutral Citation No. - 2025:AHC:23275
Court No. - 10
Case :- WRIT - A No. - 1640 of 2025
Petitioner :- Shalini Respondent :- The State Of U.P. And Another Counsel for Petitioner :- Dev Kant Trigunait Counsel for Respondent :- C.S.C.
Hon'ble Saurabh Shyam Shamshery,J.
Learned counsel for petitioner has able to satisfy this Court on basis of a judgment passed by this Court in Smt. Sushma Vs. State of U.P. and 2 others, 2023:AHC:25223 that second maternity leave even before the stipulated period can be granted.
Therefore, the impugned order dated 26.01.2025, being contrary to law is set aside and present writ petition is disposed of with a direction that the concerned respondent will pass fresh order within four weeks from today, taking note of Smt. Sushma(supra) .
Order Date :- 11.2.2025 P. Pandey
Digitally signed by :- PUSHPENDRA PANDEY High Court of Judicature at Allahabad
1 issue framed by the court
Whether a second maternity leave can be granted before the stipulated period?
Colour shows how this judgement treated each authority
Smt. Sushma Vs. State of U.P. and 2 othersRelied on¶6
Smt. Sushma Vs. State of U.P. and 2 others, 2023:AHC:25223
Shalini
The State Of U.P. And Another
Saurabh Shyam Shamshery
As recorded by the court registry
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