Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 74698 (ALL)

SMT. NEHA THAKUR v. STATE OF U.P. AND 3 OTHERS

WRIA/9643/2025 · 2025-07-15

Manju Rani Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:115431 Court No. - 52 Case :- WRIT - A No. - 9643 of 2025 Petitioner :- Smt. Neha Thakur Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Raj Narayan Gupta Counsel for Respondent :- C.S.C.,Nagendra Kumar Pandey Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Raj Narayan Gupta, learned counsel for the petitioner, Mr. Nagendra Kumar Pandey, learned counsel for the respondent no.3&4, learned Standing Counsel for the State- respondent and perused the record. 2. Petitioner has preferred the present writ petition inter-alia with the following prayer:- "(i) Issue a writ order or direction in the nature of certiorari directing the respondents to quash the impugned orders dated 01.07.2025 & 28.06.2025 passed by the Block Education Officer, Hasanpur. (ii) Issue a writ order or direction in the nature of mandamus to grant maternity leave to the petitioner in respect of new born baby. (iii) Issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case. (iv) Award the cost of the writ petition to the poor petitioner." 3. It is argued by counsel for the petitioner that the claim for grant of maternity leave was rejected on the ground that there is a difference of less then two years between the end of the first maternity leave and start date of second maternity leave. It is further argued that the controversy involved in the present petition has already been settled by the different Coordinate Bench of this Court from time to time. He placed reliance upon the order dated 11.12.2019 passed in Service Single No.32394 of 2019 (Smt. Richa Shukla Vs. State of U.P. and others) as well as order dated 08.04.2022 passed in Writ A No.4996 of 2022 (Smt. Guddi Vs. State of U.P. and 2 others). 4. This fact is also admitted by the counsel for the respondents nos.3 & 4. 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 01.07.2025 and 28.06.2025 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. 7. Counsel for respondent nos.3 &4 will inform regarding this order to the authorities concerned forthwith. Order Date :- 16.7.2025 Jitendra/- Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad