The Allahabad High Court has dismissed a petition filed by a government employee seeking six months of maternity leave for the birth of her fourth child. Sustaining the objections raised by the state counsel, the court clarified that under the applicable service regulations, female employees are not entitled to maternity leave benefits for subsequent deliveries if they already have two or more living children.
Challenge Against Order Issued by Sambhal Education Officer
The legal dispute originated from a petition filed by Shashi Kumari, a government employee stationed in the Sambhal (Bheem Nagar) district of Uttar Pradesh. She had approached the High Court to challenge an administrative order dated June 19, 2026, issued by the Block Education Officer of Sambhal, which rejected her application for a six-month maternity leave. The petitioner sought a court directive commanding the concerned authority to sanction 180 days of paid maternity leave.
Advocating for the petitioner, her counsel argued that she had not availed herself of maternity leave during the births of her previous three children. On these grounds, the lawyer contended that since she was applying for maternity leave for the very first time in her service career, she should be granted the statutory six-month leave for the delivery of her fourth child.
State Government's Defense and High Court Ruling
Opposing the plea, the counsel representing the state government presented the statutory position before the court, stating that the petitioner was ineligible for maternity leave for a fourth child. The state lawyer further submitted that the petitioner had previously utilized maternity leave benefits and emphasized that rules explicitly restrict maternity leave to employees with fewer than two surviving children. Consequently, the state argued that the petition lacked merit and deserved to be dismissed.
Justice Manju Rani Chauhan, presiding over the single-judge bench, passed the final order on August 7, 2026. Taking the state government counsel's submission on record, the judge noted that in light of the statutory framework, no judicial intervention was warranted in the matter, thereby upholding the administrative decision and dismissing the petition.
Key Provisions of Maternity Leave Regulations
Under state government service rules, female employees are entitled to maternity leave benefits subject to specific conditions
- Female employees are generally eligible for 180 days (approximately six months) of paid maternity leave.
- During the leave period, the employee receives a leave salary equal to her regular pay.
- This standard 180-day leave facility is restricted to female employees who have fewer than two surviving children. If an employee already has two or more living children, the standard maternity leave provisions do not apply to subsequent births.
- In cases of miscarriage or abortion, a separate provision allows up to 45 days of maternity leave across the entire service tenure, irrespective of the number of surviving children.
Supreme Court Landmark Ruling on Adoptive Mothers
In a related legal development regarding maternal rights, the Supreme Court of India delivered a significant judgment in March 2026 concerning adoptive mothers. The apex court held that female employees adopting a child of any age are entitled to receive up to 12 weeks of maternity leave.
