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
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