A government employee cannot be granted maternity leave for her fourth child under applicable service regulations, the Allahabad High Court has ruled while dismissing a challenge against an administrative order.
Justice Manju Rani Chauhan issued the decision on August 7, upholding a June 19 order by the Sambhal (Bheem Nagar) Block Education Officer that turned down a six-month maternity leave application submitted by petitioner Shashi Kumari.
In her petition, Kumari urged the high court to overturn the local education official’s decision and direct the authorities to sanction six months of statutory maternity leave. Her legal representative contended that the denial was arbitrary and legally flawed, arguing that because Kumari had not taken maternity leave during the births of her first three children, she was entitled to exercise the benefit for the first time.
State counsel opposed the petition, maintaining that service rules explicitly disqualify employees from receiving maternity leave for a fourth child, making judicial intervention unwarranted. Furthermore, the state pointed to disclosures within the petition itself indicating that the petitioner had previously utilized maternity leave.
Recording the state counsel’s submissions, the court concluded that no grounds for interference existed and formally dismissed the writ petition.
