No Bar On Second Maternity Leave Within 2 Years Of First: Allahabad High Court
The Allahabad High Court has held that there is no bar on second maternity leave being sought by a woman within 2 years of the first maternity leave. Relying on the earlier decision of the Allahabad High Court in Anupam Yadav & Ors versus State of U.P. & Ors., Justice Karunesh Singh Pawar held,“In the case of Anupam Yadav (supra), as is evident from a perusal of the judgment, there...
The Allahabad High Court has held that there is no bar on second maternity leave being sought by a woman within 2 years of the first maternity leave.
Relying on the earlier decision of the Allahabad High Court in Anupam Yadav & Ors versus State of U.P. & Ors., Justice Karunesh Singh Pawar held,
“In the case of Anupam Yadav (supra), as is evident from a perusal of the judgment, there is no bar for an employee in seeking a Second Maternity benefit within a period of two years from the grant of the first maternity benefit.”
Petitioner approached the High Court against rejection of her second maternity leave.
In Anupam Yadav & Ors versus State of U.P. & Ors, it had been held that once the provisions of the Maternity Benefits Act, 1961 had been adopted in the State of UP then the provisions of Financial Handbook would not override the provisions of the Act. It was held that the Financial Handbook was a set of executive instructions which ought to give way to the provisions of a legislative enactment.
In similar circumstances, second maternity leave was refused to the petitioner therein based on the Financial Handbook which was overturned by the Court.
Accordingly, the Court held that second maternity leave within 2 years from the first maternity leave could be sought and there was no bar on the same under the Act. Allowing the writ petition, the Court directed the respondent to sanction petitioner's second maternity leave.
Case Title: Manisha Yadav v. State Of U.P. Thru. Addl. Chief Secy./ Prin. Secy., Deptt. Of Technical Edu. Lko. And Another