PRIYANKA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The writ petition has been filed by the petitioner seeking a writ of certiorari quashing the order dtd. 31/12/2022, passed by the respondent no.3, whereby, the maternity leave provided in the Maternity Benefit Act, 1961 has been denied to the petitioner, and further a writ of mandamus directing the respondent to grant maternity leave to the petitioner for the period from 26/8/2022 to 21/2/2023 with full salary/pay as per the Maternity Benefit Act, 1961.

(2.) The petitioner is working with the respondent Education Department as a Guest Teacher (Lecturer in Physics), in Government Inter College, Bhalyuta, District Almora. The petitioner during the course of her employment conceived and applied for maternity leave on 25/8/2022 to the Block Education Officer.

(3.) The said application for maternity leave of the petitioner was denied by the respondent, which constrained the petitioner to move before this Court by filing a WPSS No.2103 of 2022. The said writ petition was decided by this Court vide judgment and order dtd. 9/11/2022, whereby the Chief Education Officer, District Almora, was directed to decide the representation of the petitioner, which was submitted by the petitioner, within a period of four weeks from the date of the receipt of the representation filed by the petitioner.