Legal Issue
The Allahabad High Court considered whether maternity leave for a second child can be denied solely because two years had not elapsed since the employee’s previous maternity leave under the U.P. Financial Handbook.
Background
The petitioners, both Staff Nurses/Nursing Officers in the Department of Medical Education, Government of Uttar Pradesh, were granted 180 days of maternity leave in 2024.
After conceiving their second child in 2026, they again applied for 180 days of maternity leave. Their applications were rejected on the ground that two years had not passed since the earlier spell of maternity leave, as required under Rule 153(1) of the U.P. Financial Handbook and the Government Order dated 8 December 2008.
The petitioners challenged the rejection orders before the High Court, contending that the Code on Social Security, 2020 does not prescribe any minimum gap between two maternity leaves and overrides inconsistent executive instructions.
Court’s Decision
Justice Siddharth Nandan allowed the writ petitions and set aside the rejection orders.
The Court held that the Code on Social Security, 2020 does not impose any condition requiring a two-year interval between maternity leave for the first and second child.
The Court further observed that Section 161 of the Code gives it overriding effect over any inconsistent law, rule, agreement, or executive instruction. Therefore, Rule 153(1) of the U.P. Financial Handbook and the Government Order dated 8 December 2008 cannot restrict the statutory maternity benefits provided under the Code.
The Court also emphasised that maternity benefits are supported by the constitutional principles contained in Articles 15, 38, 39, 42, and 43 of the Constitution, which require the State to protect the health, welfare, and dignity of working women.
It further noted that the Financial Handbook is in the nature of executive instructions and cannot override a Parliamentary enactment such as the Code on Social Security, 2020.
Accordingly, the Court directed that if the petitioners submit fresh applications, the authorities must consider them in accordance with the provisions of the Code on Social Security, 2020.
Observation
The Court held that maternity leave for a second child cannot be refused merely because two years have not passed since the previous maternity leave. The Code on Social Security, 2020 prevails over the inconsistent provisions of the U.P. Financial Handbook and guarantees maternity benefits without prescribing any such time gap.
Case Details
Case Title: Smt. Shikha Yadav and Another v. State of U.P. and 2 Others
