3 weeks ago
Allahabad High Court rejects maternity leave plea for fourth child
A woman who works for the government in India had a fourth baby.
After having a baby, mothers often need time off from work to rest and care for the baby.
This special time off is called maternity leave.
Government rules in India say workers can get maternity leave, but not for a fourth child.
So the woman's office said she could not get the leave.
The woman asked a big court called the Allahabad High Court for help.
She said she had never taken maternity leave for her other three children.
The government's lawyer said the rules are clear and do not allow leave for a fourth child.
The court listened to both sides and agreed with the rules.
The judge said no and closed the case.
The Allahabad High Court rejected a government employee's plea for maternity leave for her fourth child.
Justice Manju Rani Chauhan passed the order on August 7 dismissing the writ petition of Shashi Kumari.
Kumari had challenged a June 19 order of the Block Education Officer, Sambhal (Bheem Nagar), rejecting her claim.
The state counsel argued that the rules do not entitle the petitioner to maternity leave for a fourth child and that she had already availed the leave.
Kumari's counsel said she had not availed leave on the birth of her other three children, but the court found no ground for interference.
- Who
- Shashi Kumari, a government employee who sought the leave, and Justice Manju Rani Chauhan of the Allahabad High Court
- What
- The Allahabad High Court rejected Kumari's plea seeking six months of maternity leave for her fourth child
- Where
- Allahabad High Court, Prayagraj; the challenged order was passed by the Block Education Officer, Sambhal (Bheem Nagar)
- When
- The order was passed on August 7; the PTI report is dated August 11
- Why
- The court found that under the rules the petitioner is not entitled to maternity leave for a fourth child, so no interference was required
Petitioner's Argument
State's Argument
Maternity leave for fourth child
Petitioner's Argument
Kumari's counsel argued that since she did not avail maternity leave on the birth of her other three children, she was entitled to the leave for the first time, and the education officer's order was arbitrary and bad in law.
State's Argument
The state counsel argued that according to the rules, the petitioner is not entitled to any maternity leave for her fourth child.
Whether leave was already availed
Petitioner's Argument
Kumari's counsel submitted that she did not avail any leave on the birth of her other three children.
State's Argument
The state counsel, citing an averment made in the writ petition, submitted that Kumari had already availed maternity leave.
Key facts
- Court
- Allahabad High Court
- Judge
- Justice Manju Rani Chauhan
- Petitioner
- Shashi Kumari, government employee
- Order date
- August 7
- Challenged order
- June 19 order by Block Education Officer, Sambhal (Bheem Nagar)
- Relief sought
- Six months of maternity leave
- Ground for dismissal
- Rules do not permit maternity leave for a fourth child
- News agency
- Press Trust of India (PTI)
Sources
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