Court Quashes State Order, Mandates Leave with Benefits for Petitioner Manisha Yadav
In a significant ruling, the Allahabad High Court, Lucknow Bench, has reiterated the primacy of the Maternity Benefit Act, 1961, over conflicting state financial regulations, ensuring the rights of women employees to avail second maternity leave within two years of the first. The judgment was delivered by Justice Karunesh Singh Pawar in the case of Manisha Yadav v. State Of U.P., underscoring the beneficial nature of the Maternity Benefit Act against restrictive provisions in the state's financial handbook.
The petitioner, Manisha Yadav, challenged the order dated April 4, 2026, which denied her maternity leave on the basis that the Financial Handbook of Uttar Pradesh imposes a restriction on granting a second maternity leave within two years of the first. However, the court found this restriction to be inconsistent with the Maternity Benefit Act, which does not impose such a limitation.
The court's judgment highlighted that the Maternity Benefit Act, 1961, enacted to secure constitutional goals, has an overriding effect over any state legislation or executive instructions that are inconsistent with its provisions. The judgment emphasized that the Financial Handbook provisions are merely executive instructions and cannot supersede the Maternity Benefit Act.
The court referred to previous judgments, including Anupam Yadav v. State of U.P. and others, where it was held that the Maternity Benefit Act prevails over state regulations. These precedents were instrumental in establishing that the state's financial rules cannot restrict maternity benefits provided under the Act.
Justice Pawar quashed the impugned order and issued a writ of mandamus, directing the respondents to grant the maternity leave requested by Manisha Yadav from April 6, 2026, to October 2, 2026, along with all consequential service benefits.
This decision reaffirms the legislative intent to protect and promote the welfare of women employees, ensuring that their rights under the Maternity Benefit Act are upheld without being curtailed by inconsistent state regulations.
Bottom Line:
Maternity Benefit Act, 1961 - Second maternity leave within a period of two years from the grant of first maternity leave is admissible irrespective of restrictions imposed by the Financial Handbook provisions.
Statutory provision(s): Maternity Benefit Act, 1961 Sections 27, 28; Constitution of India, 1950 Articles 38, 39, 42, 43, 15(3).
Manisha Yadav v. State Of U.P., (Allahabad)(Lucknow) : Law Finder Doc id # 2886422
