The Allahabad High Court has clarified Maternity Leave Eligibility for government employees with two or more living children. The Court ruled that a female government employee cannot claim maternity leave for a fourth child under the applicable service rules.
Justice Manju Rani Chauhan dismissed a writ petition filed by Sashi Kumari, a government school employee from Sambhal district, Uttar Pradesh.
The Court held that the Financial Handbook clearly restricts maternity leave when an employee already has two or more living children.
Employee Sought Leave for Fourth Child
Sashi Kumari approached the Block Education Officer after giving birth to her fourth child. She sought six months of maternity leave.
Authorities rejected her request through an order dated June 19. The rejection relied on the applicable service rules.
Kumari challenged the order before the Allahabad High Court. She argued that she had never taken maternity leave for her first three children.
She therefore claimed that her latest request should count as her first maternity leave application. She also sought relief on equitable grounds.
Financial Handbook Sets Two-Child Limit
The State opposed the petition. Its counsel relied on the maternity leave provisions in the Financial Handbook.
The rules limit maternity leave to two occasions during an employee’s service. They also prevent an employee from receiving maternity leave when she already has two or more living children.
Justice Chauhan examined the applicable provisions. She found that the authorities had followed the statutory rules while rejecting Kumari’s application.
The Court found no illegality or procedural error in the administrative order. It therefore refused to interfere with the decision.
Previous Leave Does Not Change Eligibility
The Court did not accept the argument that the employee’s previous non-use of maternity leave created a right to claim it for her fourth child.
The applicable rules focus on the number of living children. They do not provide an exception based on whether the employee used maternity leave during earlier pregnancies.
Therefore, an employee cannot overcome the two-child restriction simply by showing that she did not previously claim maternity leave.
Court Flags Typed Document Issue
The High Court also raised a concern about the documents filed with the petition.
Justice Chauhan noted that the petitioner had submitted typed versions of official documents instead of legible photocopies.
The Court observed that typed copies can contain errors. Such errors may affect the proper consideration of a case.
The Bench directed the High Court Reporting Section to raise objections when parties submit unverified typed documents instead of proper photocopies of original records.
High Court Dismisses Petition
The Allahabad High Court ultimately dismissed Kumari’s petition.
The judgment confirms that statutory service rules determine Maternity Leave Eligibility for government employees. Courts cannot relax those rules when the governing provisions clearly restrict maternity leave based on the number of living children.
