The Allahabad High Court ruled that female government employees with two or more living children cannot claim maternity leave. Justice Manju Rani Chauhan dismissed a petition from Shashi Kumari, a government school employee from Sambhal district.
The single-bench decision clarifies that state regulations enforce a strict cap on parental benefits regardless of an employee’s previous leave history.
Employee Claimed First-Time Leave Request
The legal battle began when Shashi Kumari applied for six months of paid maternity leave for her fourth pregnancy. However, the Block Education Officer of Sambhal rejected her application on June 19. Kumari subsequently filed a writ petition in the High Court to overturn the official’s decision.
In her petition, Kumari argued that she did not take any maternity leave during the births of her first three children. Therefore, she claimed that the authorities owed her the 180-day leave for the first time.
She described the official’s rejection as arbitrary and legally flawed.
High Court Upholds State Financial Handbook Rules
State counsel strongly opposed Kumari’s petition during the court hearing. The state lawyer cited statutory provisions under Chapter 10 of the Uttar Pradesh Financial Handbook.
According to these rules, the state government grants up to 180 days of maternity leave to female employees. However, the regulations explicitly bar any female employee who already has two or more living children from receiving this benefit.
Furthermore, the state pointed out that whether an employee used leave in the past makes no legal difference. The core disqualifying factor remains the number of living children.
Taking these statutory rules into account, Justice Chauhan found no grounds to interfere with the education officer’s decision. Consequently, the High Court dismissed the petition and upheld the strict implementation of the state’s two-child rule for employment benefits.
Curated news reports, in-depth analysis, and special features by India’s Opinion editorial team.
