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Neutral Citation No. - 2025:AHC:14191 Court No. - 7 Case :- WRIT - A No. - 1154 of 2025 Petitioner :- Prachi Siddhu Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Man Bahadur Singh,Saurabh Kumar Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Prakash Padia,J.
1. Heard learned counsel for the petitioner, learned Standing Counsel for the respondents no.1 & 2 and Shri S. S. Bhadauria,
learned counsel for the respondent No.3.
2. The petitioner has preferred present writ petition inter-alia with the following prayers :-
"[A] Issue a writ, order or direction in the nature of CERTIORARY quashing impugned order dated 17.01.2025 passed by the District Basic Education Officer, District Rampur, the respondent no. 3. [B] Issue a writ, order or direction in the nature of CERTIORARY quashing impugned order dated 21.08.2024 passed by the Director General of School Education, U.P. Lucknow and also the Government Order dated 03.07.2023 issued by the Government of U.P. [C] To issue a writ, order or direction in the nature of mandamus commanding the respondent no. 3 to grant the maternity leave of 180 days to the petitioner forthwith and to pay her the salary of the maternity leave period."
3. Counsel for the petitioner confined his prayer only to the extent of prayer no.a & c.
4. It is argued by counsel for the petitioner that vide order 17.01.2025 passed by the District Basic Education Officer, Rampur/respondent no.3 the application for grant of second maternity leave for the period 21.01.2025 till 19.07.2025 (total 180 days) was rejected on the ground that there is gap of less than two years between first and second maternity leave in the light of the directions in the Government Order dated 21.08.2024. The Government Order dated 21.08.2024 contemplates that the second maternity leave can be granted only after a gap of two years from the first one.
5. The issue stands settled by the judgment of this Court rendered in Smt. Anupam Yadav Vs. State of U.P. and 2 others, Writ A No. 9535 of 2022.
6. These facts could not be disputed by the learned Standing Counsel.
7. In wake of the preceding discussion, the impugned order dated 17.01.2025 passed by the District Basic Education Officer, Rampur/respondent no.3, is liable to be quashed and is quashed.
8. Maternity leave shall be granted to the petitioner in the light of judgement of this Court rendered in Smt. Anupam Yadav (supra) and the provisions of law holding the field.
9. The writ petition is allowed.
Order Date :- 31.1.2025 Pramod Tripathi Digitally signed by :- PRAKASH PADIA High Court of Judicature at Allahabad