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2025 DAILYLAW 97026 (ALL)

HARSHITA MAVI v. STATE OF U.P. AND ANOTHER

WRIA/13998/2025 · 2025-09-16

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13998 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard Mr. Man Bahadur Singh, learned counsel for the petitioner, Mr. Harsh Vardhan Gupta, learned counsel for respondent-BSA and learned Standing Counsel for the State. 2. The present writ petition has been filed inter-alia for the following reliefs:- "(A) Issue a writ, order or direction in the nature of certiorary quashing impugned order dated 22.07.2025 passed by the District Basic Education Officer, District Hapur. (B) To issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to grant the maternity leave of 173 days to the petitioner from 10.07.2025 to 29.12.2025 forthwith and to pay her the salary of the maternity leave period. (C) To issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 to regularize/adjust the availed medical leave from 10.07.2025 to 01.08.2025 (23 days), child care leave from 04.08.2025 to 02.09.2025 (30 days) and medical leave from 08.09.2025 to 30.09.2025 (23 days) against the maternity leave and to allow the petitioner to avail remaining maternity leave upto 29.12.2025. (D) To award the cost of this petition in favour of the petitioner. (E) To issue any other writ, order or direction which this Hon'ble Court deems fit and proper in the circumstances of the case." 3. Learned counsel for the petitioner submits that the application for maternity leave of the petitioner has been rejected by District Basic Education Officer, Hapur, vide order dated 22.07.2025, without disclosing any reason. Therefore, the impugned order is arbitrary, non speaking order and unsustainable in the eyes of law and the same may be quashed. In Versus Counsel for Petitioner(s) : Ashish Pandey, Man Bahadur Singh Counsel for Respondent(s) : C.S.C., Harsh Vardhan Gupta Harshita Mavi .....Petitioner(s) State of U.P. and Another .....Respondent(s) support of his submission, he has relied upon the judgements passed by this Court in the cases of Dr. Rachna Chaurasiya vs. State of U.P. & Ors., Neutral Citation:-2017:AHC:99779-DB and Smt. Anupam Yadav Vs. State of U.P. And 2 Others, passed in Writ A No.9535 of 2022, on 21.10.2022. 4. He further submits that as the petitioner's application for maternity leave was rejected, therefore, she was left with no option but to avail medical leave from 10.07.2025 to 01.08.2025 (23 days), child care leave from 04.08.2025 to 02.09.2025 (30 days), and again medical leave from 08.09.2025 to 30.09.2025 (23 days). It is, therefore, submitted that the aforesaid leave periods may be considered and adjusted towards maternity leave while deciding the petitioner's claim. 5. Mr. Harsh Vardhan Gupta, learned counsel for respondent-BSA, could not dispute the aforesaid fact. 6. In view of the aforesaid, the writ petition is allowed. The impugned order dated 22.07.2025 passed by respondent no.2 is hereby quashed and set aside. The matter is remitted to the respondent no.2, i.e. District Basic Education Officer, District- Hapur, for decision afresh, ignoring the delay if any, on merits, in accordance with the observations made in the aforesaid judgements Dr. Rachna Chaurasiya (supra) and Smt. Anupam Yadav (supra), by means of a reasoned and speaking order, after affording an opportunity of hearing to the petitioner, preferably, within a period of six weeks from today, if there is no legal impediment. While deciding the petitioner's claim, the respondent no. 2 shall also consider and adjust the leave periods, i.e. medical leave from 10.07.2025 to 01.08.2025 (23 days), child care leave from 04.08.2025 to 02.09.2025 (30 days), and medical leave from 08.09.2025 to 30.09.2025 (23 days) towards maternity leave. September 17, 2025 Jitendra/- WRIA No. 13998 of 2025 2 Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad