Women Can Seek Second Maternity Benefit Within Two Years From Grant Of First Maternity Benefit: Allahabad HC
The Allahabad High Court affirmed that there is no prohibition for an employee seeking a second maternity benefit within two years from the grant of the first maternity benefit.
The Court stressed that the provisions of the Maternity Benefit Act, 1961, take precedence over the Financial Handbook.
In this case, a pregnant woman filed a petition challenging the rejection of her application for second maternity leave. She sought a direction for the grant of maternity leave with full salary. The rejection was based on the interpretation of regulations from the Financial Handbook, specifically Regulation 101 read with Regulation 153(1).
A Bench of Justice Manish Mathur held, “it being evident that there is no bar for an employee seeking Second Maternity benefit within a period of two years from the grant of First Maternity benefit, the impugned order dated 17.10.2023 is hereby quashed by issuance of a writ in the nature of Certiorari.”
Advocate Alok Mishra appeared for the Petitioner.
The Court referred to the judgment in the case of Anupam Yadav & Ors versus State of U.P. & Ors. reported in 2022(11) ADJ 669 and ruled that the provisions of the Maternity Benefit Act prevail over the Financial Handbook, and the rejection of maternity leave based on the Financial Handbook's restrictions was not justified. The Court added, “The aforesaid reasoning has also been indicated by Coordinate Benches of this Court in the other two judgments as well to the effect that the provisions of Maternity Benefit Act, 1961 being a beneficial legislation would have overriding effect over the provisions of Financial Handbook. It was being specifically held that Second Maternity Leave within a period of two years from the grant of First Maternity Leave is admissible.”
The Court further emphasized that the petitioner was entitled to maternity leave within a period of two years from the grant of the first maternity leave.
The Court quashed the impugned order and issued a writ in the nature of Certiorari, commanding the Director, Dibyangjan Sashaktikaran Nideshalaya U.P. Lucknow, to sanction maternity leave to the petitioner along with all service benefits.
The petition was allowed at the admission stage itself.
Cause Title: Sonali Sharma v. State Of U.P. & Ors.
