JYOTI SUHAG Vs. STATE OF HARYANA AND ORS.

JUDGEMENT

(1.) The present petition has been filed under Articles 226/227 of the Constitution of India for issuance of a writ in the nature of certiorari for setting aside letter dated 20.2.2015 (Annexure P-7), vide which, the application moved by the petitioner for grant of maternity leave has been declined.

(2.) Briefly, the facts of the case are that the marriage of the petitioner was solemnized on 5.5.2001 with one Sanjay Kumar. After marriage, first daughter, namely, Sakshi Arya was born on 1.5.2002 and second daughter, namely, Sumedha Arya was born on 2.2.2005.

(3.) Thereafter, the petitioner again gave birth to third daughter on 25.1.2015. She moved an application for earned leave, which was granted on 30.1.2015. During the period of earned leave, the petitioner came to know that she was entitled for maternity leave for third child also. Accordingly, she applied for grant of maternity leave but the same was declined on the ground that the petitioner is not entitled for maternity leave for the third child as per CSR Vol. I Rule 8.127 (1) Note (4). The said letter of declining maternity leave is subject matter of challenge in the pesent petition.