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2025 DAILYLAW 97470 (ALL)

SHIVANI CHAUDHARY v. STATE OF U.P. AND 2 OTHERS

WRIA/13982/2025 · 2025-09-16

Manju Rani Chauhan

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 13982 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. 1. Heard Mr. Kamal Kumar Kesherwani, learned counsel for the petitioner, Mr. Sharad Singh, Advocate holding brief of Mr. Nagendra Kumar Pandey, learned counsel for the respondent nos.2 and 3 and learned Standing Counsel for the State-respondent. 2. The present writ petition has been filed with a prayer to quash the impugned order dated 08.09.2025 passed by the respondent no.3, i.e. District Basic Education Officer, District Amroha as well as further payer to grant maternity leave to the petitioner for a period of 180 days from 08.09.2025 to 06.03.2026. 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 Co-ordinate 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.2 & 3. 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 Versus Counsel for Petitioner(s) : Kamal Kumar Kesherwani Counsel for Respondent(s) : C.S.C., Nagendra Kumar Pandey Shivani Chaudhary .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s) Benches of this Court in the aforesaid judgement and orders. 6. In view of this matter, this Court is of the opinion that the order dated 08.09.2025 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, if any, should be paid to the petitioner within a period of six weeks from today. 7. With the aforesaid observation/direction, this writ petition is allowed. 8. . Learned counsel for respondent nos.2 and 3 will inform regarding this order to the authorities concerned forthwith. September 17, 2025 Jitendra/- WRIA No. 13982 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- JITENDRA KUMAR YADAV High Court of Judicature at Allahabad