Allahabad High Court Rejects State Employee’s Maternity Leave Plea For Fourth Child

The Allahabad High Court has dismissed a state government employee’s plea seeking six months of maternity leave for her fourth child, after the government opposed her claim.

Justice Manju Rani Chauhan passed the order on August 7 while hearing a petition filed by Shashi Kumari, who had challenged an order issued by the Block Education Officer, Sambhal, on June 19.

Government opposes leave request

Kumari had sought maternity leave, arguing that she had not availed the benefit when her first three children were born. Her lawyer said she should therefore be allowed to claim the benefit for her fourth child.

The state government opposed the petition, maintaining that the applicable rules did not permit maternity leave in the circumstances. It also argued that there was no reason for the High Court to interfere with the education officer’s decision.

Kumari’s counsel termed the officer’s order arbitrary and legally unsustainable.

Court dismisses petition

During the hearing, the state counsel referred to a statement in Kumari’s own petition and submitted that she had already availed maternity leave.

The High Court took the government’s submission on record and found no grounds to interfere with the authorities’ decision. Justice Chauhan subsequently dismissed the petition.

What does the maternity law provide?

The Maternity Benefit Act, 1961, provides paid maternity benefits to eligible women employees, subject to its conditions. Following the 2017 amendment, the maximum maternity benefit is 26 weeks for a woman with fewer than two surviving children, while the entitlement is 12 weeks for a woman with two or more surviving children. 

The law also provides benefits related to miscarriage and certain pregnancy-related medical conditions, along with protections concerning employment during maternity.

However, government employees may also be governed by separate service rules, which can affect their maternity leave entitlement.