The Allahabad High Court has rejected a government employee’s plea for maternity leave for her fourth child, ruling that state regulations do not permit the benefit beyond existing statutory limits.
Published: August 11, 2026, 11:04 PM IST
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Allahabad High court rejected govt employee’s maternity leave plea (AI image)
New Delhi: The Allahabad High Court has rejected a government employee’s plea seeking maternity leave for her fourth child, ruling that she is ineligible for the benefit under existing state service rulesDismissing the writ petition filed by Shashi Kumari, Justice Manju Rani Chauhan upheld a June 19 order issued by the Block Education Officer of SambhalThe court affirmed the state counsel’s argument that statutory regulations explicitly prohibit granting maternity leave beyond the permitted limit, leaving no basis for interference.
What did the court decide regarding the petition?
Kumari had petitioned the high court to overturn the local authority’s rejection and direct officials to grant her six months of mandated maternity leaveHowever, the dismissal reasserts that public servants must abide by specific government limits governing leave entitlements for subsequent births.
During the course of hearing, the state counsel opposed the writ petition on the ground that according to rules, the petitioner is not entitled to get any maternity leave for her fourth childHence no interference is required and the writ petition is liable to be dismissed, the counsel argued.
Kumari’s counsel submitted that she did not avail any leave on the birth of her other three children and so she is now entitled to get the leave for the first timeTherefore, the order of the education officer is arbitrary and bad in the eyes of law.
Why did the state counsel oppose the plea?
The state counsel, emphasizing upon an averment made in the writ petition, submitted that Kumari already availed the maternity leaveTaking the statement of the state counsels on record, Justice Chauhan said that no interference is required by the court and dismissed the petition.
What is the Maternity Benefit Act?
The Maternity Benefit Act, 1961, is a federal law designed to protect the employment rights and health of women during pregnancy and childbirthIt mandates paid maternity leave, medical bonuses, and job security for female employeesUnder the amended Act, mothers are entitled to 26 weeks of paid leave for their first two surviving children, while leave for third and subsequent children is capped at 12 weeksPublic sector employees are additionally governed by specific state financial and service rules that set distinct eligibility thresholds for leave entitlements.
(With inputs from agencies)
