WRIA/16361/2026 of KALPANA Vs STATE OF U.P. AND ANOTHER on 5 October 2026

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State-respondents.

2. Present petition has been filed for quashing the impugned order dated 19.5.2026 passed by the respondent No.2 by which second maternity leave of the petitioner has been rejected on the ground that two year period has not expired since earlier grant of Maternity Leave of the petitioner.

3. Learned counsel for the petitioner relied upon judgment of this Court passed in Writ A No.2909 of 2026 (Reena Maurya vs. State of U.P. Thru Addl. Chief Secy. Deptt of Home Lko. and others), decided on 18.3.2026 wherein this Court has taken view that provisions of Maternity Benefit Act, 1961 being a beneficial legislation would have overriding effect over the provisions of Financial Handbook. It has also been held that the second maternity leave within a period of two years from the date of grant of one maternity leave is admissible in view of law laid down by this Court.

4. In view of the law laid down by this Court in case of Reena Maurya (supra), this Court is of the considered view that the Versus Counsel for Petitioner(s) : Ashutosh Pandey, Shobh Nath Pandey Counsel for Respondent(s) : C.S.C. Kalpana .....Petitioner(s) State of U.P. and Another .....Respondent(s)

order impugned passed by respondent No.2 is arbitrary. The order dated 19.5.2026 passed by respondent No.2 is hereby quashed and the writ petition is allowed. Respondent No.2 is directed to grant the second maternity leave with pay to the petitioner in terms of the Maternity Benefit Act, 1961 with immediate effect.

October 6, 2026 Ved Prakash WRIA No. 16361 of 2026 2 (Manish Kumar Nigam,J.) Digitally signed by :- VED PRAKASH SHARMA High Court of Judicature at Allahabad