The Allahabad High Court has ruled that a woman employee cannot be denied maternity leave for her second child merely because two years have not passed since she availed maternity leave for her first child. The Court held that the Code on Social Security, 2020 overrides the U.P. Financial Handbook and Government Orders, as it does not prescribe any minimum gap between two maternity leaves.
The Allahabad High Court has ruled that a woman employee cannot be denied maternity leave for her second child simply because two years have not passed since she was granted maternity leave for her first child.
Court Says Social Security Code Has Priority
The Court explained that Section 161 of the Code on Social Security, 2020 clearly states that its provisions will override any inconsistent law, rule, agreement, or service condition. Since the Code does not require a two-year gap between maternity leaves for the first and second child, such a condition cannot be imposed through the U.P. Financial Handbook or a Government Order.
What is the case?
The petitioners were two regularly appointed Staff Nurses/Nursing Officers working in the Department of Medical Education, Government of Uttar Pradesh. They had each received 180 days of maternity leave in 2024.
When both women became pregnant again, they applied for another 180 days of maternity leave in 2026. However, their applications were rejected because two years had not passed since their previous maternity leave. The authorities relied on Rule 153(1) of the U.P. Financial Handbook and a Government Order dated 8 December 2008.
Petitioners Challenged the Decision
The petitioners approached the Allahabad High Court seeking cancellation of the rejection orders and a direction to grant maternity leave along with all related service benefits.
They argued that the provisions of the U.P. Financial Handbook are only executive instructions and cannot override a law passed by Parliament. They also pointed out that the Uttar Pradesh Government had already adopted the Central Government’s policy on maternity leave and child care leave through a Government Order issued on 11 April 2011.
Court Highlights Constitutional Protection
The High Court referred to Articles 15, 38, 39, 42, and 43 of the Constitution of India. It observed that protecting the health of working women and providing maternity benefits are constitutional responsibilities of the State. These provisions aim to ensure the welfare and dignity of women workers.
Financial Handbook Cannot Override Parliamentary Law
The Court observed that the rules in the U.P. Financial Handbook were framed under the Government of India Act, 1935 and continue as executive instructions under Article 313 of the Constitution. They are not laws enacted by the Legislature.
On the other hand, the Code on Social Security, 2020 is a law passed by Parliament. Therefore, it has greater legal force and will prevail over any executive instructions that are inconsistent with it. The Court also noted that there is no requirement in the Code for a minimum time gap between two pregnancies.
High Court Sets Aside Rejection Orders
The Allahabad High Court quashed the orders rejecting the maternity leave applications. It directed that if the petitioners submit fresh applications under the Code on Social Security, 2020, the authorities must consider and decide them according to the law laid down by the Court.
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