Viranchi Arora vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

Viranchi Arora vs State of U.P. and 3 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim directions only: time till 27.11.2025 granted to the learned Standing Counsel for Respondent No.2 to file the personal affidavit of Respondent No.2 explaining why contempt proceedings should not be drawn against him; matter to be put up as fresh on 27.11.2025; the order will not restrain respondent No.3 from passing a fresh order, if so advised. Final decision reserved.

Issue for consideration

Whether the order dated 20.10.2025 rejecting the petitioner's prayer for second maternity leave (180 days) was validly passed and in accordance with the law laid down by this Court on grant of second maternity leave. +1 more

Court's answer

The impugned order is very cryptic and has been passed without application of mind, having been made without assigning any reason.

Ratio / Principle

Reiterating the law laid down by this Court in earlier Single Bench and Division Bench orders, second maternity leave is to be granted within two years from the date of the first maternity leave, and in the cited cases this Court specifically stated that the second maternity leave be granted.

Key takeaways

The impugned order is not only without application of mind but has been passed in complete violation of the law laid down by this Court, which makes it contemptuous in nature.ratio¶3
The present order will not restrain respondent No.3 from passing a fresh order, if so advised.ratio¶6

Detailed headnote1 paragraphs

Interim order (Prakash Padia, J., Allahabad High Court, WRIT - A No. 17110 of 2025, decided 21.11.2025): Viranchi Arora challenged the order dated 20.10.2025 of the Assistant Director, Divisional Assistant Education Director (Basic), Moradabad (Respondent No.2) rejecting her prayer for second maternity leave of 180 days (stated period 24.10.2025 till 21.04.2025). The Court found the rejection was made without assigning any reason, that the order was cryptic and passed without application of mind, and that it violated the law already laid down by this Court (Single and Division Bench orders, including Smt. Richa Shukla v. State of U.P., Service Single No. 32394 of 2019, and Annu Singh v. State of U.P., 2023 SCC OnLine All 2235) that second maternity leave is to be granted within two years from the date of the first maternity leave; the impugned order was accordingly termed contemptuous in nature. Time till 27.11.2025 was granted for a personal affidavit of Respondent No.2 explaining why contempt proceedings should not be drawn against him, the matter was listed fresh on 27.11.2025, and it was clarified that the order would not restrain Respondent No.3 from passing a fresh order, if so advised. Petition pending, no final relief granted.

HIGH COURT OF JUDICATURE AT ALLAHABAD

WRIT - A No. - 17110 of 2025

Viranchi Arora

.....Petitioner(s)

Versus

State Of U.P. And 3 Others

.....Respondent(s)

Counsel for Petitioner(s)	: Mohd Adil
Counsel for Respondent(s)	: C.S.C.

Court No. - 2

HON'BLE PRAKASH PADIA, J.

The order dated 20.10.2025 passed by the Respondent No.2, Assistant Director, Divisional Assistant Education Director (Basic), Moradabad is under challenge in the present writ petition. By the aforesaid order, prayer made by the petitioner for grant of second maternity leave for a period 24.10.2025 till 21.04.2025 i.e., 180 days was rejected, copy of the same is appended as Annexure-2 to the writ petition.

From perusal of the aforesaid order, it is clear that the application submitted by the petitioner for grant of second maternity leave was rejected by the Assistant Director, Divisional Assistant Education Director (Basic), Moradabad/respondent No.2 without assigning any reason and the order is very cryptic and the same has been passed without application of mind.

In identical situation, large numbers of cases have already been filed before this Court in which Single Bench or the Division Bench of this Court has passed large numbers of orders granting second maternity leave laid down the law that second maternity leave would be granted within two years from the date of first maternity leave. In the case of Smt. Richa Shukla v. State of U.P., (Service Single No. 32394 of 2019) decided on 11.12.2019 as well as in the case of Annu Singh Vs. State of U.P. Thru. Secy. Secondry Education Deptt. Civil Sectt. Lko and Others reported in 2023 SCC OnLine All 2235 , this Court has specifically stated that the second maternity leave be granted. In this view of the matter, the order impugned is not only without application of mind but the same has been passed in complete violation of law laid down by this Court which is contemptuous in nature.

In this view of the matter, learned Standing Counsel appearing on behalf of Respondent No.2 prays for and granted time till 27.11.2025 to file personal affidavit of Respondent No.2, Assistant Director, Divisional Assistant Education Director (Basic), Moradabad explaining the reason that why contempt proceedings should not be drawn against him.

WRIA No. 17110 of 2025

2

Put up as fresh on 27.11.2025.

It is made clear that this order will not restrain the respondent No.3 to pass fresh order, if so advised.

(Prakash Padia,J.)

November 21, 2025 Swati

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