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2026 DAILYLAW 10712 (ALL)

SUSHMA DEVI v. STATE OF U.P. AND 3 OTHERS

WRIA/16039/2026 · 2026-09-29

Manju Rani Chauhan

Special Leave Petitionbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - A No. - 16039 of 2026 Court No. - 52 HON'BLE MRS. MANJU RANI CHAUHAN, J. Heard learned counsel for the petitioner, learned Standing Counsel for the State, Mr. Shashi Kant Srivastava, learned counsel for the respondent BSA and perused the record. The petitioner has preferred the present writ petition challenging an order dated 13.9.2026 passed by respondent no. 4, vide which the claim for maternity leave of the petitioner has been rejected. Learned counsel for the petitioner submits that the petitioner was appointed on the post of Assistant Teacher in Primary School Block Amaria, District Pilibhit, by order dated 16.10.2020. Pursuant to the said appointment, the petitioner joined her services on 19.10.2020. Prior to her appointment as Assistant Teacher, the petitioner was blessed with a child in the year 2016. After her appointment as Assistant Teacher, second child was born in the year 2024. Now, the petitioner has again conceived (second child after her appointment) and has applied for maternity leave for the period 18.09.2026 to 16.03.2027, 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 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.- Versus Counsel for Petitioner(s) : Rajesh Kumar Counsel for Respondent(s) : C.S.C., Shashi Kant Srivastava Sushma Devi .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 2015:AHC:60329. Learned counsel for the respondent BSA submits that grievance of the petitioner will be considered expeditiously, in accordance with law. Having considered the submissions of learned counsel for the parties, the order impugned dated 13.09.2026 is quashed. The matter is remitted back to the District Basic Education Officer, Pilibhit - 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 30, 2026 DS WRIA No. 16039 of 2026 2 (Mrs. Manju Rani Chauhan,J.) Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad