The Allahabad High Court has dismissed a petition filed by Shashi Kumari, a government school employee from Sambhal district, who sought six months of maternity leave following the birth of her fourth child.
Kumari had approached the court after the local Block Education Officer rejected her maternity leave request in June, citing applicable service rules. Challenging the decision, she argued that she had not taken maternity leave for her first three children and therefore should be allowed to claim the benefit for her fourth child.
Her counsel argued that this was her first actual request for maternity leave, making the rejection unfair. However, the state government opposed the petition, maintaining that the applicable service rules clearly restrict maternity leave to cases involving up to three children. The state also pointed out that Kumari had previously availed leave, contrary to the claim made in her petition.
Justice Manju Rani Chauhan, after considering the submissions from both sides, held that the applicable rules do not provide for maternity leave following the birth of a fourth child.
The court found no reason to interfere with the order passed by the education authorities and dismissed Kumari’s petition.
The ruling reinforces the importance of statutory service rules governing maternity benefits for government employees. While Kumari argued that her individual circumstances justified the leave, the court held that the applicable provisions could not be extended beyond their prescribed limits.
The judgment serves as a reminder that, under the rules considered by the court, maternity leave is restricted to the first three children, regardless of whether an employee has previously availed the benefit.
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