The Allahabad High Court has reaffirmed that maternity leave is a statutory right that cannot be curtailed by executive instructions, setting aside an order that denied a government employee 180 days of maternity leave. The ruling underscores that the provisions of the Maternity Benefit Act, 1961 prevail over conflicting administrative rules contained in the Financial Handbook.
The case involved Manisha Yadav, a Junior Assistant at a Government Polytechnic in Barabanki, who had applied for maternity leave from April 6 to October 2, 2026. Her request was rejected solely on the basis of Rule 153(1) of the Financial Handbook, prompting her to approach the High Court.
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Hearing the matter, Justice Karunesh Singh Pawar observed that the issue had already been settled through earlier judgments, which consistently held that the Maternity Benefit Act overrides executive instructions wherever the two are inconsistent. The court emphasized that once Uttar Pradesh adopted the provisions of the 1961 Act, its protections became fully applicable to state employees.
The court further noted that maternity benefits are part of a beneficial legislation intended to safeguard the dignity, health and welfare of working women. It stressed that there is no statutory restriction under the Maternity Benefit Act preventing leave for a second pregnancy within a specified time gap, making the Financial Handbook’s limitation unenforceable.
Quashing the rejection order, the High Court directed the authorities to grant Manisha Yadav maternity leave along with all consequential service benefits. The judgment reinforces the principle that statutory rights granted by Parliament cannot be diluted or denied through executive or administrative instructions.
