Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 17309 (ALL)

SMT. DIPTI DUBEY v. STATE OF U.P. AND 2 OTHERS

WRIA/1802/2025 · 2025-02-19

Prakash Padia

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:24661 Court No. - 7 Case :- WRIT - A No. - 1802 of 2025 Petitioner :- Smt. Dipti Dubey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Firdos Ahmad,Rajeev Tiwari Counsel for Respondent :- C.S.C.,Shruti Malviya Hon'ble Prakash Padia,J. 1. Heard learned counsel for the petitioner. Learned Standing Counsel has accepted notice on behalf of respondent no.1 and Ms. Shruti Malviya, learned counsel, has accepted notice on behalf of respondent no.2 & 3. 2. Petitioner has preferred the present writ petition inter alia with the following prayer:- "(a) Issue a writ order or direction in the nature of certiorari to quash the order dated 28.12.2024 passed by the no.3 resonant (annexure no.8) on maternity leave application reference no. 31496947 and grant maternity leave period of 28.10.2024 to 25.04.2025. (b) Issue a writ order or direction in the nature mandamus commanding and directing the respondent no.2 to pay the arrear of payment and salary since November 2024 to till date with arrear of one day salary deduction dated 25.11.2024." 3. By the order dated 28.12.2024 passed by the respondent no.3 namely Block Education Officer, Kannauj the application to grant child maternity leave has been rejected on the ground that not permissible. The order dated 28.12.2024 reads as follows:- "ददीपदी ददबबे (ककोड-501154), सहहायक अध्यहापक भहाषहा(अअंगबेजदी) अध्यहापक PS GANGDHARAPUR कको उनकबे आवबेदन (सन्दभर सअंख्यहा 31496947) पर ददनहाअंक 28/10/2024 सबे ददनहाअंक 25/04/2025 तक 180 ददन कहा महाततृत्व अवकहाश दनम्नललिलखित कहारणणों सबे अस्वदीकतृ त दकयहा जहातहा हहै। अनदमन्य नहहीं। " 4. 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. 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 impugned order dated 28.12.2024 passed by the respondent no.3/ Block Education Officer, Kannauj is not in accordance with law and is hereby quashed. Maternity leave of 180 days,i.e., 28.10.2024 to 25.04.2025, 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. Order Date :- 20.2.2025 saqlain Digitally signed by :- SYED MOHAMMAD SAQLAIN HAIDER High Court of Judicature at Allahabad