No Bar on Second Maternity Leave Within 2 Years: Allahabad High Court Clarifies Law
Key Points Summary
- Petitioner’s ClaimPetitioner challenged rejection of maternity leave (180 days) by order dated 04.04.2026.
- Ground of RejectionLeave was denied citing Rule 153(1) of Financial Handbook, which restricts second maternity leave within 2 years.
- Core Legal IssueWhether second maternity leave within 2 years can be denied based on Financial Handbook provisions.
- Court’s Reliance on PrecedentsRelied on:
- Anupam Yadav v. State of U.P.
- Anshu Rani v. State of U.P.
- Satakshi Mishra v. State of U.P.
- Key Legal PrincipleMaternity Benefit Act, 1961 prevails over Financial Handbook
- Financial Handbook = executive instruction (subordinate law).
- No Restriction in LawThe Act of 1961 does not impose any 2-year restriction for second maternity leave.
- Overriding EffectStatutory law overrides conflicting service rules → Act will prevail over Rule 153(1).
- Court’s FindingThere is no bar on second maternity leave within 2 years.
- Final OrderImpugned rejection order quashed.
- Writ of mandamus issued directing grant of maternity leave (06.04.2026 to 02.10.2026) with all benefits.
- Outcome
- Petition allowed at admission stage.
One-Line Ratio (for Court Use)
“Second maternity leave cannot be denied within two years as the Maternity Benefit Act, 1961 overrides conflicting provisions of the Financial Handbook.”
Find judgement here
https://t.me/sajjadhusainlaw/304
www.sajjadhusainlawassociates.com E-Mail ID sajjadhusainlawassociates@gmail.com Advocate Chamber No. 515 Block C High Court Gomtinagar Lucknow UP India WhatsApp Telegram & Calling No. 7080909786
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