In a recent ruling, the Allahabad High Court observed that a state government employee can seek a second maternity benefit within a period of two years from the first grant.
Referring to the judgment of Anupam Yadav & Ors versus State of UP & Ors. (2022), the single judge bench of Justice Manish Mathur said that “the provisions of Maternity Benefit Act, 1961 being a beneficial legislation would have overriding effect over the provisions of Financial Handbook”.
The court was dealing with the plea filed by one Sonali Sharma challenging an order dated October 17, 2023, whereby her application for a second maternity leave had been rejected. The petitioner also sought direction to the state authorities to grant maternity leave to her.
The court noted that the impugned order showed that the petitioner’s application for maternity leave had been rejected only on the ground that as per Regulation 101 read with Regulation 153(1) of Financial Handbook Volume II part 2 to 4, second maternity leave is not admissible in case it is sought within a period of two years from the date first maternity leave was sanctioned.
However, before the high court, the petitioner’s counsel placed reliance on the judgment of a co-ordinate bench of the high court in Anupam Yadav case. In the said judgment, the high court had held that the provisions of the Maternity Benefit Act, 1961 would prevail over any law.
“In conclusion, it can safely be said the Maternity Benefit Act, 1961 has been enacted by Parliament in exercise of powers under Entry 24 in List-III of the Seventh schedule of the Constitution of India and to secure the goals stated in Articles 38, 39, 42 and 43 of the Constitution of India and also to give effect to the provisions contained in Article 15 (3) of the Constitution. The provisions of Financial Handbook are merely executive instructions and would be subsidiary to the Act of Parliament and in case of any inconsistency, the statutory enactment framed by Parliament would prevail and hence, the provisions of the Maternity Benefit Act, 1961 would prevail over the provisions of the Financial Handbook,” the judgment in Anupam Yadav case read.
In view of the aforesaid judgment, the single judge bench quashed the impugned order and issued a writ in the nature of mandamus to Director, Divyangjan Sashaktikaran Nideshalaya UP to sanction maternity leave to petitioner along with all service benefits.
Comments
0 comment