2 year Gap between Two Maternity Leaves not mandatory

The Allahabad High Court has strongly criticized the Director of the Horticulture and Food Processing Department, Uttar Pradesh, for repeatedly rejecting a woman employee’s application for maternity leave. The rejection was made on the ground that a two-year gap between two maternity leaves had not elapsed, even though the Court had earlier clarified that such a requirement is not mandatory.

A petition was filed by Sushila Patel, an employee of the department, in the Allahabad High Court. In September 2024, her application for maternity leave was rejected twice on the basis that there was no two-year gap between her first and second maternity leave. She challenged the rejection before the High Court.

In November 2024, the Court set aside both orders and made it clear that such a gap cannot be a ground to deny maternity leave. The Court relied on its earlier April 2022 judgment in Guddi v. State of U.P., where it was held that insisting on a 180-day or two-year gap between pregnancies is not a valid condition for sanctioning maternity leave in government service.

After the Court’s directions, Patel again applied for maternity leave on December 7, 2024, and even attached a copy of the High Court’s order. However, the Director once again rejected her application on the very same ground, ignoring the Court’s binding ruling.

Justice Ajit Kumar expressed strong displeasure, calling the Director’s action “unfortunate.” The Court observed that despite repeated rulings that a two-year gap is not mandatory, the Director failed to follow the law and instead rejected the leave application without any justified reason. The Court remarked that this conduct amounts to clear contempt of its order.

It is unfortunate that despite directions issued by this Court in a number of petitions that such requirement of minimum two years period to pass in between two pregnancies was not mandatory to avail benefit of maternity leave and one such case was referred by this Court in the matter of Smt. Guddi v. State of U.P. and 2 others in Writ – A No.- 4996 of 2022 decided on 8th April, 2022 and yet Director, Horticulture and Food Processing Department, U.P., Lucknow U.P. failed to appreciate the same and rejected the maternity leave application for no justified reasons. Such an act and conduct amounts to clear contempt of the order this Court in both the directions issued by this Court vide order dated 6th November, 2024 in Writ – A No.- 17287 of 2024 vide order dated 6th November, 2024 and in Writ – A No.- 4996 of 2022 (Smt. Guddi v. State of U.P. and 2 others) decided on 8th April, 2022.

The High Court has now ordered the Director to personally appear before it on September 1 and explain why contempt proceedings should not be initiated against him under the Contempt of Courts Act, 1971.

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