HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13370 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard Mr. Praveen Kumar Singh, learned counsel for the petitioner, Mr. Girijesh Kumar Tripathi, learned counsel for the respondent no.3 and learned Standing Counsel for the State-respondents. The petitioner has preferred the present writ petition challenging an order dated 19.08.2025 passed by respondent no.3 as well as further prayer to direct the respondent no.1 to allow the maternity leave to the petitioner moved before the respondent no.3 as application no.36210336 dated 06.08.2025. Learned counsel for the petitioner submits that the petitioner was appointed as an Assistant Teacher at Composite School, Deoria Jhala, Block Kaant, District Shahjahanpur on 05.12.2020, and she joined on the same day. Prior to her appointment, the petitioner was blessed with her first girl child on 26.09.2014. Subsequently, after her appointment, she gave birth to her second child on 04.04.2022, following which she availed her first maternity leave from 21.02.2022 to 19.08.2022. The petitioner has now given birth to her third child in August 2025 and, in this regard, submitted a maternity leave application dated 06.08.2025, requesting leave from 21.08.2025 to 16.02.2026. However, the application was rejected by the impugned order dated 19.08.2025, without due consideration of the settled legal provisions governing maternity leave. Learned counsel for the petitioner submits that the petitioner’s first child was born prior to her appointment as an Assistant Teacher. The petitioner has Versus Counsel for Petitioner(s) : Praveen Kumar Singh Counsel for Respondent(s) : C.S.C., Girijesh Kumar Tripathi Kanchan Singh .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) only availed maternity leave once, for the birth of her second child. As per the relevant provisions of the Maternity Benefit Act, she is entitled to 180 days of maternity leave for the second child, as requested. However, the impugned order has been passed without considering that the petitioner has already availed maternity leave for her second child, which, according to the facts, was her first child after her appointment as an Assistant Teacher. Learned counsel for the petitioner contends that the petitioner's application has been rejected without considering the fact that the petitioner is entitled for the said leave in view of the settled law as laid down by the Apex Court in the case of K. Umadevi v. Government of Tamil Nadu & Ors., Civil Appeal No. 2526 of 2025 (Arising out of SLP (Civil) No. 20178 of 2022), and by this Court in the cases of Smt. Neelam Shukla v. State of U.P. and others, Writ-A No. 45265 of 2011 : Neutral Citation No.- 2015:AHC:60329. Having considered the submissions of learned counsel for the parties, the order impugned dated 19.08.2025 is quashed. The matter is remitted back to the District Basic Education Officer, Shahjahanpur - respondent no. 3 to consider and decide petitioner's application afresh in view of the settled proposition of law, referred to hereinabove, expeditiously, preferably within a period of four weeks from today. The writ petition stands allowed accordingly. No order as to costs. September 9, 2025 Jitendra/- WRIA No. 13370 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad