Maternity Leave Cannot Be Denied to Woman With Two or More Children | HC

Case Details: Board of Basic Education vs. Kushal Rana - [2025] 180 taxmann.com 252 (HC-Allahabad)

Judiciary and Counsel Details

• Ashwani Kumar Mishra & Praveen Kumar Giri, JJ.
• Yatindra for the Appellant.
• Man Bahadur Singh for the Respondent.

Facts of the Case

In the instant case, the Respondent-employee was an Assistant Teacher in State service. She had two children born before she joined the service. It was her second marriage, and the child in question was the second child from her present wedlock. She moved her first application for maternity benefit while in service and filed a writ petition in which maternity leave was sought.

A Single Judge allowed the writ petition and directed the grant of maternity leave for 180 days as permissible under the rules. Thereafter, an appeal was made before the High Court.

It was noted that though there was a stipulation in service rules that such maternity leave would be admissible only in case of two children, yet, in view of the Maternity Benefit Act, 1961 (as amended by Act 6 of 2017), and reference to two children has been substituted by the phrase ‘woman having two or more than two surviving children’. The legislative intent is, therefore, to extend such benefits.

High Court Held

The High Court held that since maternity benefit had been extended by a Single Judge to an employee, there was no occasion to interfere in the appeal.

List of Cases Reviewed

• Renu Chaudhary v. State of U.P. [Writ – A No. 14833 of 2020, dated 24-12-2021] (para 6) distinguished

List of Cases Referred to

• Renu Chaudhary v. State Of U.P. [WRIT – A No. 14833 of 2020, dated 24-12-2021] (para 6).