Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 14397 of 2025 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. The petitioner has preferred instant writ petition challenging an order dated 03.09.2025 passed by respondent no. 2 - District Basic Education Officer, Kanpur Nagar, vide, whereby maternity leave application of the petitioner has been rejected.
Learned counsel for the petitioner submits that the petitioner was appointed on the post of Assistant Teacher on 05.11.2015 and she joined her services on 06.11.2015. She was blessed with a girl child prior to her appointment, on 11.05.2015. Later, her second child was born in the year 2017, at that time she availed maternity leave for the first time. Now, she has moved an application dated 09.07.2025 for maternity leave for a period of 180 days i.e. 10.07.2025 to 05.01.2026, for the third child, who is second child after her appointment as an Assistant Teacher, which has been rejected by the order impugned without paying regard to the settled law on the issue.
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 Versus Counsel for Petitioner(s) : Santosh Kumar Pandey, Saurabh Tripathi Counsel for Respondent(s) : C.S.C., Kushmondeya Shahi Smt. Ankita Pandey .....Petitioner(s) State Of U.P. And 2 Others .....Respondent(s)
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 03.09.2025 is quashed. The matter is remitted to the District Basic Education Officer, Kanpur Nagar- respondent no. 2 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 23, 2025 DS WRIA No. 14397 of 2025 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad