Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 196732 (ALL)

SUDHA MAURYA v. STATE OF U.P. THRU. PRIN. SECY. BASIC EDU. DEPTT. LKO AND 2 OTHERS

WRIA/13211/2025 · 2025-11-14

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW WRIT - A No. - 13211 of 2025 Court No. - 18 HON'BLE SHREE PRAKASH SINGH, J. Heard learned counsel for the petitioner, Mr. Prashant Kumar Singh, learned counsel for the respondent no.3, Mr. Devesh Pathak, learned counsel for the State. Present petition has been filed challenging the order dated 30.10.2025 whereby the respondent no.3 has rejected the application of the petitioner for grant of maternity leave. It is submitted by learned counsel for the petitioner that the maternity leave, which was prayed for before the respondent no.3 has been rejected on the ground that the same has been sought within a period of two years though the same is against the provision of law. He submitted that basic issue involved in the matter is, grant of third maternity leave and the District Basic Education officer has rejected the claim of the petitioner on another pretext which is unsustainable in the eyes of law. Therefore, submission is that the order impugned may be quashed. Mr. Prashant Kumar Singh, learned counsel for the respondent no.3 could not refute the contention aforesaid. Upon considering the submissions of the learned counsel for the parties, it is apparent that the petitioner had claimed for third maternity leave whereas the District Basic Education Officer has taken decision on the premises that the second maternity leave cannot be granted within a period of two years, Versus Counsel for Petitioner(s) : Vivek Chandra Counsel for Respondent(s) : C.S.C., Prashant Kumar Singh Sudha Maurya .....Petitioner(s) State Of U.P. Thru. Prin. Secy. Basic Edu. Deptt. Lko And 2 Others .....Respondent(s) which is perverse, and therefore, the order is unsustainable. With consent of the learned counsel for the parties, the order impugned dated 30.10.2025 passed by the respondent no.3 is hereby quashed. The matter is remitted to the respondent no.3/District Basic Education Officer to take decision afresh on the representation of the petitioner for grant of third maternity leave, in accordance with law, within three weeks from the date of production of certified copy of this order before him. With the aforesaid observations, the writ petition is disposed of with the consent of the parties at the admission stage itself. November 14, 2025 Ram Murti WRIA No. 13211 of 2025 2 (Shree Prakash Singh,J.) Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench