The Court rules The Code on Social Security, 2020, overrides state executive instructions, ensuring continuous maternity benefits.
In a landmark decision, the Allahabad High Court has ruled in favor of petitioners Smt Shikha Yadav and another, setting aside state-imposed restrictions on maternity benefits for second pregnancies. The judgment, delivered by Justice Siddharth Nandan, emphasized the supremacy of The Code on Social Security, 2020, over state rules that demanded a two-year gap between maternity leaves.
The case arose from the rejection of maternity leave applications by the petitioners, both staff nurses in the Department of Medical Education, Uttar Pradesh. Their applications were initially denied based on a Government Order dated December 8, 2008, and Rule 153(1) of the U.P. Financial Handbook, which mandated a two-year interval between maternity leaves. The petitioners argued that these provisions contradicted the overarching Code on Social Security, 2020, which does not impose such a restriction.
The court acknowledged the conflict between state instructions and the central legislation, reaffirming that The Code on Social Security, 2020, takes precedence. The Code, enacted by Parliament, aims to consolidate social security laws and extend benefits to all workers, in line with the constitutional mandates of Articles 42 and 43.
Justice Nandan's ruling underscores that maternity benefits are integral to providing just and humane conditions of work, as envisioned in the Directive Principles of State Policy. The judgment also referenced the constitutional provisions promoting gender equality and non-discrimination, enhancing the decision's alignment with broader social justice goals.
The court ordered the state to process fresh applications for maternity leave without enforcing the time-gap restriction. This decision not only provides immediate relief to the petitioners but sets a precedent ensuring maternity benefits are accessible without unnecessary delays, aligning state practices with national legislation.
Bottom Line:
The provisions of The Code on Social Security, 2020, enacted by Parliament, prevail over any executive instructions, including Rule 153(1) of the Financial Handbook, Volume II, Part 2 to 4, which imposes restrictions on the grant of maternity benefits for the second pregnancy. The Code, 2020, does not prescribe any timeline or gap between two pregnancies for maternity benefits.
Statutory provision(s):
- The Code on Social Security, 2020
- Constitution of India - Articles 42, 15(3), 38, 39, 43
- Rule 153(1) of the Financial Handbook, Volume II, Part 2 to 4
Smt Shikha Yadav v. State of U.P., (Allahabad) : Law Finder Doc id # 2944996
