Neutral Citation No. - 2025:AHC:141115 Court No. - 52 Case :- WRIT - A No. - 11821 of 2025 Petitioner :- Smt Babita Respondent :- State Of Up And 4 Others Counsel for Petitioner :- R.K. Mishra,Shivam Tiwari Counsel for Respondent :- C.S.C.,Jay Prakash Singh,Shivendra Kumar Singh Hon'ble Mrs. Manju Rani Chauhan,J. 1. Heard Mr. Shivam Tiwari, learned counsel for the petitioner, Mr. Shivendra Kumar Singh, learned counsel for respondent no.2, Mr. Jay Prakash Singh, learned counsel for respondent nos.3, 4 and 5 and learned Standing Counsel for the State. 2. The writ petition has been filed challenging the order dated 25.06.2025 passed by Block Education Officer, Nangal, District- Saharanpur, vide which the application for maternity leave of the petitioner has been rejected, and a further prayer to grant maternity leave to the petitioner forthwith. 3. Learned counsel for the petitioner submits that the petitioner was married to one Pradeep and was blessed with two children out of the wedlock. She was appointed as an Assistant Teacher in the year 2020. After the death of her first husband, she married Kuldeep Swami in the year 2022. As she was on her family way out of the second marriage and procreation was scheduled on 22.06.2025, therefore, she applied for maternity leave on 19.06.2025. The aforesaid application has been rejected by respondent no.5 assigning no reason. Therefore, the impugned order is arbitrary, non speaking order and unsustainable in the eyes of law and the same may be quashed. 4. Learned counsel for the petitioner relying upon judgements of the Apex Court passed in cases of K. Umadevi Vs. Government of Tamil Nadu & Ors., 2025 0 Supreme (SC)917 and Deepika Singh Vs. Central Administrative Tribunal And Others, 2022 0 Supreme (SC) 834, submits that maternity leave has been availed for the first time after her appointment in the year 2020. Even otherwise, in view of the judgements, the purpose of maternity leave has to be seen, the child being the first child out of the wedlock of second marriage of the petitioner, hence she is entitled for the same. 5. Mr. Jay Prakash Singh, learned counsel for respondent-BSA, on the basis of instructions, submits that as the petitioner has applied for maternity leave for the third child, therefore, she is not entitled for the same. However, could not dispute the fact that petitioner is availing the maternity leave for the first time after her appointment in the year 2020. 6. In view of the aforesaid, the writ petition is allowed. The impugned order dated 25.06.2025 passed by respondent no.5 is hereby quashed and set aside. The matter is remitted to the respondent no.5 Block Education Officer, Block- Nangal, District- Saharanpur, for decision afresh, ignoring the delay if any, on merits, strictly in accordance with law laid down in the aforesaid judgements, 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. Order Date :- 19.8.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad