Allahabad HC rejects govt employee’s maternity leave plea for fourth child

The Allahabad High Court dismissed a government employee's plea seeking six months of maternity leave for her fourth child, citing applicable service rules. The petitioner argued she had not availed maternity leave for her first three children, but the court declined to intervene

Prayagraj: The Allahabad High Court has rejected a government employee’s plea for maternity leave, saying she cannot be given leave for her fourth child under the rules. Justice Manju Rani Chauhan passed the order on August 7 on the plea by Shashi Kumari. The woman had challenged an order of June 19 passed by the Block Education Officer, Sambhal (Bheem Nagar) rejecting her claim for maternity leave for the fourth child.

Kumari also requested the high court to direct the authority concerned to grant the six months maternity leave under the law. During the course of hearing, the state counsel opposed the writ petition on the ground that according to rules, the petitioner is not entitled to get any maternity leave for her fourth child.

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Hence no interference is required and the writ petition is liable to be dismissed, the counsel argued. Kumari’s counsel submitted that she did not avail any leave on the birth of her other three children and so she is now entitled to get the leave for the first time. Therefore, the order of the education officer is arbitrary and bad in the eyes of law.

The state counsel, emphasizing upon an averment made in the writ petition, submitted that Kumari already availed the maternity leave. Taking the statement of the state counsels on record, Justice Chauhan said that no interference is required by the court and dismissed the petition.