LI Network
Published on: December 12, 2023 at 12:26 IST
The Allahabad High Court declared that the Maternity Benefit Act, 1961, a beneficial legislation, supersedes the provisions of the Financial Handbook concerning institutions.
The court emphasized that there is no prohibition on claiming a second maternity benefit within two years of the first grant.
Justice Manish Mathur, relying on earlier judgments such as Anupam Yadav & Ors vs. State of U.P. & Ors., Anshu Rani vs. State of U.P. & Ors., and Satakshi Mishra v. State of U.P. & Ors. highlighted the overriding effect of the Maternity Benefit Act over the Financial Handbook.
The court noted that the Act’s provisions prevail, making a second maternity leave within two years admissible.
The case involved a petitioner whose application for a second maternity leave was rejected based on Financial Handbook regulations. Seeking redress, the petitioner approached the High Court, urging Dibyangjan Sashaktikaran Nideshalaya, Uttar Pradesh, to grant maternity leave with full salary from August 14, 2023, to February 9, 2024.
The court, referencing Anupam Yadav & Ors v. State of U.P. & Ors., clarified that once the state adopts the Maternity Benefit Act, 1961, it applies unequivocally, irrespective of conflicting provisions in the Financial Handbook.
The judgment read down Financial Handbook regulations concerning the admissibility of a second maternity leave, establishing the supremacy of the Maternity Benefit Act.
Consequently, the court ruled that there is no impediment to availing a second maternity leave within two years of the first grant.
It directed the Director of Dibyangjan Sashaktikaran Nideshalaya, U.P., Lucknow, to sanction maternity leave for the petitioner from August 14, 2023, to February 9, 2024, along with all associated service benefits.
Case Title: Smt. Sonali Sharma v. State Of U.P Thru. Prin. Secy. Deptt. Dibyangjan Sashaktikaran Lko. And 2 Others
