The Allahabad High Court has quashed the order of the District Basic Education Officer dated August 9, 2024 which refused to grant 180 days maternity leave to Kushal Rana, assistant teacher of Primary School Mundika Mankara Rampur, terming it illegal.
A Single Bench of Justice Prakash Padia passed this order while hearing a petition filed by Kushal Rana.
The Petitioner has preferred the petition with the following prayer:-
“[a] Issue a writ, order or direction in the nature of certiorari quashing impugned order dated 09.08.2024 passed by the District Basic Education Officer, District Rampur, the respondent no 3.
[b] To issue a writ, order or direction in the nature of mandamus commanding the respondent no 3 to grant the maternity leave of 180 days to the applicant/petitioner forthwith.”
By the order dated 09.08.2024 passed by the District Basic Education Officer, Rampur the application to grant child maternity leave has been rejected on the ground that two years gap is not there between the end date of first child maternity leave and start date of second maternity leave as per government order.
Counsel for the petitioner has placed reliance upon the law laid down by a coordinate Bench of the Court in Writ-A, Renu Chaudhary vs State of U.P and others, decided on 24.12.2021 as well as the order delivered in Writ-A (Smt Guddi vs State of U.P and others), decided on 8.4.2022.
In this view of the matter, the Court opined that the order dated 09.08.2024 passed by the District Basic Education Officer, Rampur is not in accordance with law and is hereby quashed. Maternity leave of 180 days placed by the petitioner deserves to be allowed and is hereby allowed by the high court.
The payment of salary and other emoluments for the aforesaid period should be paid to the petitioner within a period of six weeks, the Court ordered.