Allahabad High Court: Second maternity leave can’t be denied merely because sought within 2 years of first: Allahabad HC | India News
LUCKNOW: The Allahabad High Court on Tuesday ruled that a second maternity leave cannot be denied as it is sought within two years of the first, observing that the statutory rights under the Act override the provisions of the Financial Handbook. The order was passed by Justice Karunesh Singh Pawar of the High Court’s Lucknow bench while hearing a plea of Manisha Yadav, who challenged the order rejecting her request for second maternity leave on April 4, 2026. The petitioner argued that the Maternity Benefit Act, 1961 is a beneficial law and its provisions should prevail. The State Government, however, relied on Rule 153(1) of the Financial Handbook which mandates a minimum gap of two years between two maternity leaves. Referring to earlier judgments, the High Court said that the Maternity Benefit Act, being an Act enacted by Parliament, would prevail over any executive order or provision in the Financial Handbook. In case of inconsistency, the provisions of law shall have an overriding effect The court noted that the petitioner had her first child in 2021 and applied for a second maternity leave in 2022, which was rejected on grounds of ineligibility. Setting aside the impugned order, the court directed the competent authority to grant her maternity leave from April 6, 2026 to October 2, 2026.
