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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 20005 of 2024 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J.
1. Heard Mr. Diwakar Mishra, learned counsel for the petitioner, Mr. Shivendra Singh Bhadauria, learned counsel for the respondent nos.3 and 4 and learned Standing Counsel for the State-respondent. 2. The present writ petition has been filed with a prayer to direct the respondent no.4 to grant maternity leave w.e.f. 09.12.2024 to 06.06.2025 total 180 days. 3. It is argued by counsel for the petitioner that the claim for grant of maternity leave was rejected on the ground that there is a difference of less then two years between the end of the first maternity leave and start date of second maternity leave. It is further argued that the controversy involved in the present petition has already been settled by the different Coordinate Bench of this Court from time to time. He placed reliance upon the order dated 11.12.2019 passed in Service Single No.32394 of 2019 (Smt. Richa Shukla Vs. State of U.P. and others) as well as order dated 08.04.2022 passed in Writ A No.4996 of 2022 (Smt. Guddi Vs. State of U.P. and 2 others). 4. This fact is also admitted by the counsel for the respondents nos.3 & 4. 5. 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. 6. In this view of the matter, this Court is of the opinion that the order dated 05.12.2024 is not in accordance with law and is hereby quashed. Maternity Versus Counsel for Petitioner(s) : Diwakar Mishra, Pankaj Kumar Shukla Counsel for Respondent(s) : C.S.C., Shivendra Singh Bhadauria Safia Uzam .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s)
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, if any, should be paid to the petitioner within a period of six weeks from today. 7. With the aforesaid observation/direction, this writ petition is allowed. 8. . Learned counsel for respondent nos.3 and 4 will inform regarding this order to the authorities concerned forthwith. September 9, 2025 Jitendra/- WRIA No. 20005 of 2024 2 (Mrs.
Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad