1. Heard learned counsel for the petitioner, learned Standing counsel appearing for the State-respondents, Sri Nitesh Yadav, Advocate holding brief of Sri A.M.Tripathi, learned counsel appearing for the respondent no.2 and Sri R.S.Chauhan, learned counsel appearing for the respondent no. 4.
2. With the consent of learned counsels for the contesting parties, the instant writ petition is being finally decided.
3. The petitioner is before this Court claiming a direction to the respondents to give her further three months maternity leave. It is contended that the petitioner was working as part time Urdu Teacher at Kasturba Gandhi Awasiya Balika Vidyalaya, Miyaganj, District- Unnao and had applied for maternity leave on 15.06.2019 which had been granted to her from 15.06.2019 to 12.09.2019. A child has been born to the petitioner on 16.06.2019 for which now the petitioner requires three months further maternity leave which has already been applied for by her through her application dated 18.09.2019, a copy of which is annexure 4 to the petition. It is contended that this Court in the case of Anshu Rani Vs. State of U.P and 2 Ors passed Writ A No. 3486 of 2019 decided on 19.04.2019 has held that a lady would be entitled for maternity leave for a period of six months. It is also submitted that the Court after taking into consideration the Maternity Benefits Act, 1961 alongwith the amendment in the year 2017 namely Maternity Benefit (Amendment) Act, 2017 whereby the maternity leave has been increased from eight weeks to twenty six weeks has held that a lady would be entitled for grant of maternity leave for a period of six months.
4. Learned counsel for the petitioner contends that in this regard the petitioner has already submitted her representation dated 18.09.2019 praying for further grant of maternity leave for three months which is still pending for consideration before the competent authority namely respondent no. 4 i.e District Basic Education Officer, District- Unnao.
5. Taking into consideration the aforesaid discussion, the present petition is disposed of with the direction to the respondent no. 4 to decide the pending application of the petitioner for grant of three months further maternity leave taking into consideration the law laid down by this Court in the case of Anshu Rani (supra) within a period of two weeks from the date of receipt of certified copy of this order.
6. It is also provided that in case the respondent no. 4 finds himself not being competent to grant the said leave then he would remit the matter before the competent authority who would decide the said application within the aforesaid time specified by this Court.
Order Date :- 26.9.2019 Pachhere/-