Neutral Citation No. - 2025:AHC:53435 Court No. - 6 Case :- WRIT - A No. - 4602 of 2025 Petitioner :- Roli Pandey Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Jainendra Pandey,Rajneesh Upadhyay Counsel for Respondent :- C.S.C.,Kushmondeya Shahi Hon'ble Saurabh Shyam Shamshery,J. 1. Heard Sri Jainendra Pandey, learned counsel for the petitioner and Sri Kushmondeya Shahi for respondent nos. 2 and 3. 2. Learned counsel for the petitioner fairly submitted that certain relevant facts were not made in the application filed by the petitioner on 5.4.2025 seeking maternity leave for 180 days and he referred paragraph nos.9,10 and 16 of writ petition which are reproduced hereinafter: "9. That in year 2011 petitioner had taken first maternity leave during the birth of her daughter and further in year 2019 she had taken second maternity leave during the birth of his son. 10. That unfortunately, petitioner's son died on 03/12/2022 due to disease hence at present petitioner have only one surviving daughter of age about 13 year old. 16. That as per CHAPTER XIII-MATERNITY LEAVE, Rules made by the Governor under Uttar Pradesh Fundamental Rule 101 is as follow: "153*. Maternity leave on full pay which a female government servant, whether permanent or temporary, may be drawing on the date or proceeding on such leave may be granted to her by the head of the department or by a lower authority to whom power may be delegated in this behalf subject to the following:- (1) In cases of confinement the period of maternity leave may extend up to the end of three months from the date of the commencement of leave: Provided that such leave shall not be granted for more than three times during the entire service including temporary service: Provided also that if any female government servant has two or more living children, she shall not be granted maternity leave even though such leave may otherwise be admissible to her. If, however, either of the two living children of the female government servant is suffering from incurable disease or is disabled or crippled since birth or contracts some incurable disease or becomes disabled or crippled later, she may, as an exception, be granted maternity leave till one more child is born to her subject to the overall restriction that maternity leave shall not be granted for more than three times during the entire service. Provided further that no such leave shall be admissible until a period of at least two years has elapsed from the date of expiry of the last maternity leave granted under this rule. (2) In cases of miscarriage, including abortion, the period of maternity leave may extend up to a total period of six weeks on each occasion, irrespective of the number of surviving children of the female Government servant concerned, provided that the application for leave is supported by a certificate from the Authorized Medical Attendant: NOTE-(1) Deleted. NOTE (2) In the case of a person to whom the provisions of Employees. State Insurance Act, 1948, apply, leave salary payable under this rule shall be reduced by the amount of benefit admissible under the said Act for the corresponding period. NOTE (3) Abortion induced under the Medical Termination of pregnancy Act, 1971, should also be considered as a case of 'abortion' for the purpose of 'granting' 'Maternity leave' under this rule. 154. Maternity leave shall not be debited against the leave account and may be combined with leave of any other kind. NOTE (1) Deleted. *(This amended rule shall be deemed to have come into force at once Vide Notification No, G.4-484/X-90-216-79, dated 3-5-90.) * This rule may be deemed to have come into force with effect from 1-7-78. NOTE (2) Regular leave in continuation of maternity leave may also be granted in case of illness of a newly born baby, subject to the female government servant producing a medical certificate from the Authorised Medical Attendant to the effect that the ailing baby warrants the mother's personal attention and that her presence at the baby's side is absolutely necessary. NOTE (3) In the case of temporary government servants the leave granted under rules 153 and 154 shall not extend beyond the period the appointment is likely to last." 3. Learned counsel for the petitioner further submitted that application of the petitioner was rejected by impugned order dated 6.4.2025 on ground that she has already taken benefit of maternity leave twice. 4. Learned counsel for the petitioner further submitted that aforesaid circumstances come within the proviso to above referred Fundamental Rules, 153., however, since such averments were not part of the application, therefore, he prays that a liberty be given to the petitioner to file a fresh application mentioning all necessary details so that her claim be considered afresh in accordance with law. 5. Learned counsel for the petitioner has placed reliance on a judgment passed by this Court in Civil Misc. Writ Petition No. 24627 of 2017, Neutral Citation No.2017:AHC:99779-DB. 6. Learned counsel for the respondents referred a judgment passed by this Court in Writ-A No.2721 of 2025, Smt. Arti Vs. State of U.P. & Ors, dated 3.4.2025 that a similar issue is pending in Special Appeal, however, it appears that it is on different aspect. 7. In the aforesaid circumstances, this writ petition is disposed of with liberty to petitioner to file a fresh representation within a period of two weeks disclosing all necessary facts and in case is it is filed within the aforesaid period, it will be considered afresh taking note of contents of the application as well as position of law and in case, still there is any legal impediment, same shall be also communicated to the petitioner within a short period. Order Date :- 11.4.2025 SB Digitally signed by :- SANDEEP BHATTACHARYA High Court of Judicature at Allahabad