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2025 DAILYLAW 16763 (ALL)

SANDHYA GUPTA v. STATE OF U.P. AND 2 OTHERS

WRIA/1655/2025 · 2025-02-11

Prakash Padia

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:19514 Court No. - 7 Case :- WRIT - A No. - 1655 of 2025 Petitioner :- Sandhya Gupta Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Man Bahadur Singh Counsel for Respondent :- Ashok Kumar Singh,C.S.C. Hon'ble Prakash Padia,J. 1. Heard learned counsel for the parties and perused the record. 2. Learned standing counsel has accepted notice on behalf of respondent no.1 and Shri Ashok Kumar Singh, learned counsel appearing on behalf of Respondent nos.2 and 3. 3. Petitioner has preferred the present writ petition inter-alias with the following prayer:- "[A] Issue a writ, order or direction in the nature of CERTIORARY quashing impugned order dated 03.02.2025 passed by the District Inspector of Schools, Siddharthnagar, who is also functioning as District Basic Education Officer, Siddharthnagar, the respondent no.3. [B] 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." 4. By the order dated 03.02.2025 passed by the District Inspector of Schools, Siddharthnagar, who is also functioning as District Basic Education Officer, Siddharthnagar/ Respondent no.3, application to grant child maternity leave has been rejected on the ground that two years gap is not there between end date of first child maternity leave and start date of second maternity leave as per G.O.. The order dated 03.03.2025 reads as follows:- " ससधयय गगपय ( ककड -1046810), सहययक अधययपकभयषय(हहनदद) अधययपक P.S. AJAMAGARH कक उनकक आवकदन ( सनदभर ससखयय 32669262) पर हदनयसक 28/01/2025 सक हदनयसक 26/07/2025 तक 180 हदन कय मयतततव अवकयश हनमनलललखत कयरणण सक असवदकत त हकयय जयतय हह। अनगमनय नहह। - शयशनयदकश कक अनगसयर पथम मयतततव अवकयश कक असहतम हतलथ सक 2 वषर पपणर न हकनक कक कयरण।" 5. Learned counsel for the petitioner has placed reliance upon the law laid down by a co-ordinate Bench of this Court in Writ-A No.14833 of 2020, Renu Chaudhary vs. State of U.P. and others, decided on 24.12.2021 as well as the judgement and order delivered in Writ-A No.4996 of 2022 (Smt. Guddi vs. State of U.P. and others), decided on 8.4.2022. 6. 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. 7. In this view of the matter, this Court is of the opinion that impugned order dated 03.02.2025 passed by the District Inspector of Schools, Siddharthnagar, who is also functioning as District Basic Education Officer, Siddharthnagar/ Respondent no.3, is not in accordance with law and is hereby quashed. Maternity 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 should be paid to the petitioner within a period of six weeks from today. 8. Counsel for respondent no.3 will inform regarding this order to the authorities concerned forthwith. Order Date :- 11.2.2025 Swati Digitally signed by :- SWATI PATHAK High Court of Judicature at Allahabad