IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA CWP No. 16961/2026 Decided on: 28.09.2026 ------------------------------------------------------------------------------------- Kumari Kanchan …..Petitioner Versus State of H.P. and Ors .....Respondents ------------------------------------------------------------------------------------- Coram Ms. Justice Jyotsna Rewal Dua Whether approved for reporting?1 For the Petitioner: Mr. Ashwani Kaundal, Advocate. For the Respondents: Mr. Rajat Choudhary, Assistant Advocate General. ------------------------------------------------------------------------------------ Jyotsna Rewal Dua, Judge Notice. Mr. Rajat Choudhary, learned Assistant Advocate General, accepts notice on behalf of the respondents. Considering the grievance of the petitioner raised herein, the case set up, documents appended therewith and the decision relied upon by the petitioner, there is no necessity to call for reply from the appearing respondents. The matter has, accordingly, been heard at this stage. 2. The case set up by the petitioner, as canvassed by her learned counsel, is that the petitioner gave birth to her first child on 07.06.2014. Petitioner’s second child was born on 14.04.2017. The petitioner was appointed as Trained Graduate Teacher (Non-Medical) on contract basis in the respondent- 1Whether reporters of print and electronic media may be allowed to see the order? Yes. Education Department on 11.11.2019. Her services were regularized on 25.04.2022. The petitioner gave birth to her third child on 09.09.2026. Her grievance is against the decision of the respondents, as conveyed to her vide office letter dated 29.08.2026 (Annexure P-4), rejecting the maternity leave application of the petitioner, citing Rule 43 of the Central Civil Services (Leave) Rules. According to the respondents, a female Government servant with less than two surviving children can be granted maternity leave for a period of 180 days, however, the petitioner had prayed for maternity leave for the birth of her third child, which, according to the respondents, was impermissible. 3. Learned counsel for the petitioner places reliance upon Archana Sharma Vs. State of H.P. & Ors2. In the said case also, the petitioner therein had claimed maternity leave in respect of her third child, although the prayer for grant of leave was made for the birth of the third child for the first time in service. The Court, placing reliance upon the judgments of the Hon’ble Apex Court in Deepika Singh Vs. Central Administrative Tribunal3 and K. Umadevi Vs. Government of Tamil Nadu & Ors.4 directed the respondents to grant maternity leave to the petitioner (therein), for the birth of her third child. 2 CWP No. 10589/2025 decided on 30.07.2025 3 (2023) 13 SCC 681 4 Civil Appeal No. 2526/2025 decided on 23.05.2025 4. Letters Patent Appeal preferred by the respondents against Archana Sharma2 though had been admitted by the Hon’ble Division Bench on 12.12.2025, however, the prayer made by the State for staying the operation of the judgment dated 30.07.2025, passed in Archana Sharma2, has been dismissed. The order reads as under: - “LPA No. _______ of 2025 Appeal be registered. Notice. Mr. Karan Kapoor, Advocate, accepts notice on behalf of the respondent. Keeping in view the controversy in issue, the appeal is admitted. CMP No....... of 2025 (CMPST No.65250 of 2025) Keeping in view the fact that the respondent had given birth to two children prior to induction in service and the issue pertains to the third child, who was born, after joining service, we do not find any plausible reason to stay the operation of the impugned judgment dated 30.07.2025 passed in CWP No.10589 of 2025. Accordingly the application is dismissed.” In the instant case also, the petitioner as per the projected case, had not taken maternity leave for the birth of her first two children. The issue, therefore, pertains to the grant of maternity leave in respect of the third child born to the petitioner after joining service. Hence, petitioner’s grievance is squarely covered by the judgment in Archana Sharma2. Accordingly, the respondents are directed to consider and decide the case of the petitioner afresh for grant of maternity leave for the birth of her third child, in accordance with law and in light of the law laid down in Archana Sharma², within a period of two weeks i.e. by 13.10.2026. The order so passed be also communicated to the petitioner. All consequences shall follow. The writ petition stands disposed of in the above terms, so also the pending miscellaneous application(s), if any. Jyotsna Rewal Dua 28th September, 2026 Judge rohit