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Neutral Citation No. - 2025:AHC:132438 Court No. - 52 Case :- WRIT - A No. - 11162 of 2025 Petitioner :- Priyanka Rajpoot Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Suneel Kumar Mishra Counsel for Respondent :- C.S.C.,Shivendra Singh Bhadauria Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Suneel Kumar Mishra, learned counsel for the petitioner, Mr. Shivendra Singh Bhadauria, learned counsel for respondent-B.S.A. as well as learned Standing Counsel for the State. The writ petition has been filed with the following prayers:-
"(i) I) Issue a writ order or direction in the nature of Certiorari 28.06.2025 quashing the impugned order dated passed by respondent no.3/District Basic Education Officer, District Rampur (Annexure no.1 to the writ petition). (ii)Issue a writ order or direction in the nature of the respondent no.3/District Basic Education Officer, District Rampur to sanction the maternity leave to the petitioner for a period of 180 days or as this Hon'ble Court may deem fit and proper."
Learned counsel for the petitioner submits that petitioner after being appointed as an Assistant Teacher at Primary School Fattepur, Block- Chamrauva, District- Rampur in the year 2021. The petitioner was blessed with female child on 16.10.2023. He further submits that the petitioner again became pregnant and she applied for maternity leave online on 20.05.2025 for a period of 180 days starting from 01.07.2025 to 27.12.2025 along with application for the same, which has been rejected in an arbitrary manner by the impugned order dated 28.06.2025. He further submits that the petitioner is entitled for the maternity leave as the same is permitted in accordance with law for two children. The District Basic Education Officer has not
considered the maternity leave, therefore, the impugned order is arbitrary and the same is liable to be quashed. Mr. Shivendra Singh Bhadauria, learned counsel for the respondent-BSA, could not dispute the aforesaid fact. The impugned order dated 28.06.2025 passed by the respondent no.3-District Basic Education Officer, District Rampur is hereby quashed and set aside. The matter is remitted back to the respondent no.3-District Basic Education Officer, District Rampur, for decision afresh, ignoring the delay if any, on merits, strictly in accordance with law, by means of a reasoned and speaking order, after affording an opportunity of hearing to the petitioner, expeditiously, preferably within a period of four weeks from today, if there is no legal impediment. The present writ petition is allowed subject to the observations made above.
Order Date :- 6.8.2025 Kalp Nath Singh Digitally signed by :- KALP NATH SINGH High Court of Judicature at Allahabad