'No Bar On Claiming 2nd Maternity Benefit Within 2 Yrs Of 1st Grant': Allahabad HC, Says 'Maternity Act' Overrides Financial Handbook
The Allahabad High Court has recently held that the Maternity Benefit Act, 1961 is a piece of beneficial legislation which will override the provisions of the Financial Handbook on an institution. The Court further held that there is no bar on claiming second maternity benefits within two years from the first one.Relying on the earlier judgments of the Allahabad High Court in Anupam Yadav...
The Allahabad High Court has recently held that the Maternity Benefit Act, 1961 is a piece of beneficial legislation which will override the provisions of the Financial Handbook on an institution. The Court further held that there is no bar on claiming second maternity benefits within two years from the first one.
Relying on the earlier judgments of the Allahabad High Court in 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. 2022 LiveLaw (AB) 410, Justice Manish Mathur observed that
“The aforesaid reasoning has also been indicated by Coordinate Benches of this Court in the other two judgments as well to the effect that the provisions of Maternity Benefit Act, 1961 being a beneficial legislation would have overriding effect over the provisions of Financial Handbook. It was being specifically held that Second Maternity Leave within a period of two years from the grant of First Maternity Leave is admissible.”
Petitioner's application for second maternity leave was rejected. The petitioner approached the High Court seeking a direction to Dibyangjan Sashaktikaran Nideshalaya, Uttar Pradesh to grant maternity leave to the petitioner from 14.08.2023 till 09.02.2024 with full salary.
Petitioner submitted that her application for maternity leave was rejected only on the ground that as per Regulation 101 read with Regulation 153(1) of Financial Handbook Volume II Part 2 to 4, second maternity leave is not admissible in case it is sought within a period of two years from the date first maternity leave was sanctioned.
In Anupam Yadav & Ors v. State of U.P. & Ors, the Allahabad High Court had held
“Once the provisions of the Maternity Benefit Act, 1961 has been adopted by the State of U.P. as held by this Court then the said Act of 1961 would apply with full force irrespective of the provisions contained in the Financial Handbook which is merely an executive instruction and would in any case be subsidiary to the legislation made by the Parliament.”
The Court had read down the provisions of Rule 153 (1) of the Financial Handbook Volume II to IV regarding the admissibility of leave to a woman for a second pregnancy as the same would be governed by the Maternity Benefit Act, 1961 and not the Financial Handbook.
Accordingly, the Court held that there is no bar on taking a second maternity leave within 2 years from the grant of first maternity benefit. The Court directed Director, Dibyangjan Sashaktikaran Nideshalaya U.P. Lucknow to sanction Maternity Leave to the petitioner with effect from 14.08.2023 till 09.02.2024 along with all service benefits.
Case Title: Smt. Sonali Sharma v. State Of U.P Thru. Prin. Secy. Deptt. Dibyangjan Sashaktikaran Lko. And 2 Others [WRIT - A No. - 9110 of 2023]
Citation: 2023 LiveLaw (AB) 486