Court No. - 32
Case :- WRIT - A No. - 9570 of 2019
Petitioner :- Smt Anchal
Respondent :- State Of U.P. And 3 Others
Counsel for Petitioner :- Pankaj Kumar Gupta
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta
Hon'ble Saurabh Shyam Shamshery,J.
The petitioner, who is a contractual employee was under maternity leave w.e.f. 3.1.2019 to 31.3.2019 (three months), however, her representation for maternity leave for further three months has not been decided till date by District Basic Education Officer, Moradabad (respondent no.2).
Shri Pankaj Kumar Gupta, learned counsel appearing on behalf of the petitioner has relied upon a judgment passed by a co- ordinate Bench of this Court in Writ A No.8810 of 2017 (Smt. Nilima Yadav vs. State of U.P. and 4 others) wherein it has been specifically held that women employee working on contractual basis are also entitled for maternity leave for a period of six months. Therefore, he submits that the petitioner is also entitled for maternity leave for further three months.
Shri Shyam Krishna Gupta, learned counsel appearing on behalf of respondent no.2 has not disputed the abovementioned legal position.
In view of the above, this petition stands disposed of with the direction to District Basic Education Officer, Moradabad (respondent no.2) to take decision on the representation filed by the petitioner considering the observations made in this order, within a period of ten days from the date of a certified copy of this order be produced before respondent no.2.
Order Date :- 7.6.2019 Rishabh
(Saurabh Shyam Shamshery, J.)