# Allahabad High Court Dismisses Employee Petition Seeking Maternity Leave Benefits for Fourth Child > Hearing a petition filed by a government employee from Sambhal, the Allahabad High Court ruled that under statutory regulations, maternity leave benefits cannot be extended for the birth of a fourth child. **Type:** article · **Category:** Benefits · **Published:** 2026-08-12 · **Source:** TrendKia **Canonical:** https://trendkia.com/en/benefits/allahabad-high-court-ne-kharija-ki-sarakari-karmachari-ki-yachika-chauthe-bachche-ke-lie-maternity-leave-dene-se-inakara-15918 · **Language:** English **Tags:** Allahabad High Court, Maternity Leave Rules, Sambhal News, UP Government Employees, Court Verdict, Maternity Benefits 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. ## What this means for you **Across India:** This judgment clarifies that government employees with two or more surviving children cannot legally claim paid maternity leave for additional children. **In Uttar Pradesh:** Female employees in state government service must strictly adhere to the statutory two-child limit when planning for 180-day maternity leave benefits. ## Questions & Answers ### 1. Can a government employee get maternity leave for a fourth child? As per the High Court ruling, statutory maternity leave benefits cannot be extended for a fourth child if an employee already has two or more living children. ### 2. How many days of maternity leave do government female employees get in Uttar Pradesh? Female employees with fewer than two living children are entitled to 180 days (approximately six months) of paid maternity leave. ### 3. If an employee did not take maternity leave previously, can she claim it for a fourth child? No, the court clarified that service rules depend strictly on the total number of surviving children, regardless of whether leave was claimed earlier. ### 4. What are the maternity leave provisions in cases of miscarriage? In cases of miscarriage, female employees can avail up to 45 days of maternity leave across their entire service tenure, irrespective of the number of surviving children. ### 5. What is the Supreme Court rule for mothers who adopt a child? Under a Supreme Court judgment from March 2026, female employees adopting a child of any age are entitled to receive up to 12 weeks of maternity leave. --- _TrendKia — Har trend, sabse pehle.. Machine-readable view; canonical HTML at the URL above._