Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF UTTARAKHAND AT NAINITAL
Writ Petition No. 1295 of 2025 (S/S) Smt. Laxmi
….......Petitioner Vs. State of Uttarakhand and others
…..... Respondents
Present : Mr. Sachin Veer Singh, Advocate for the petitioner. Mr. Rajeev Singh Bisht, Additional Chief Standing Counsel for the State/respondent nos.1 to 4. JUDGMENT
Hon’ble Ravindra Maithani, J. (Oral)
By means of the instant petition, the petitioner seeks the following reliefs:-
“i) Issue a writ order or direction in the nature of mandamus by calling the records and directs the respondents to allow the benefit of Maternity leave to petitioner w.e.f. 01-02-2022 to 30-07-2022 and forthwith release the amount of Maternity leave of 180 days pursuant to the Government order no.236284/XXIV-B-1/23- 32(02)2024 dated 02-09-2024 (Annexure No.1) which was issued pursuant to the Government order dated 12-09-2016 (Annexure No.6) or in alternate pass any appropriate orders keeping in view of the facts highlighted in the body of the petition or mould the relief appropriately. ii) Issue any other suitable writ, order or direction which this Hon’ble Court may deem fit and proper in the circumstances of the case. iii) To award the cost of the writ petition in favour of the petitioner.”
2. Heard learned counsel for the parties and perused the record. 3. It is the claim of the petitioner that she is a Guest Teacher Hindi, L.T. Grade in Government Inter College Chahaj District Pithoragarh. In the year 2022, she gave birth to a girl child and applied for maternity leave of 180 days from 01.02.2022 to
30.07.2022. But, she has yet not been granted maternity leave. 2
4. Learned State Counsel was required to get instructions. Learned State Counsel submits that the instructions are not complete; further a week’s time is required. 5. This Court does not see any reason so that further time should be granted in such matters. The petitioner has enclosed Government Order dated 12.09.2016, issued by the Department of Finance, State of Uttarakhand, which directs that, in fact, even the outsource employees or contract workers may also be granted maternity benefit. The petitioner has also enclosed Annexure No.7, which is a maternity leave granted to one Guest Teacher by the Regional Additional Director, Secondary Education, Kumaon Mandal. 6.
In view of the Government Order and the order granting maternity leave to the similarly situated employee, this Court is of the view that the petition filed by the petitioner deserves to be allowed. 7. The petition is allowed. 8. The respondents are directed to allow the maternity leave to the petitioner and to allow the consequential benefits to her. (Ravindra Maithani, J.)
12.08.2025 Sanjay
SANJAY KANOJIA Digitally signed by SANJAY KANOJIA DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=e50e50b49596520698eff87e0a08bbd504686df4d1afc60f5 4a287831dec46fe, postalCode=263001, st=UTTARAKHAND, serialNumber=26EEB7122ED0DD23233A255DD8EC450A84B515A0 87CAEFD1B3179A7DEAE40699, cn=SANJAY KANOJIA Date: 2025.08.19 15:09:20 +05'30'