Background:

In a significant ruling, Smt. Sonali Sharma v. State Of U.P Thru. Prin. Secy. Deptt. Dibyangjan Sashaktikaran Lko. And 2 Others [WRIT – A No. – 9110 of 2023], the Allahabad High Court reinforced the supremacy of the Maternity Benefit Act, 1961, over the provisions of a financial handbook of an institution. The court clarified that the beneficial legislation of the Maternity Benefit Act should take precedence over any guidelines outlined in the financial handbook. Justice Manish Mathur, relying on prior judgments, emphasized that the Act entitles women to a second maternity leave within two years of the first one, contrary to the institution’s regulations.

Smt. Sonali Sharma approached the High Court seeking direction to Dibyangjan Sashaktikaran Nideshalaya, Uttar Pradesh, after her application for a second maternity leave was rejected. The institution cited regulations from the Financial Handbook, stipulating that a second maternity leave within two years of the first one is not permissible. However, the petitioner invoked the Maternity Benefit Act’s provisions, asserting her entitlement to a second maternity leave and full salary from 14.08.2023 till 09.02.2024.

Court’s Observations:  

Referring to previous rulings, including Anupam Yadav & Ors vs. State of U.P. & Ors., the Court reiterated that once a state adopts the Maternity Benefit Act, the Act’s provisions hold precedence over any executive instructions outlined in the Financial Handbook. Justice Manish Mathur reiterated that the Maternity Benefit Act permits a woman to claim a second maternity leave within two years of the first one, regardless of the institution’s contrary regulations.

The Allahabad High Court directed the Director, Dibyangjan Sashaktikaran Nideshalaya, U.P., to sanction the petitioner’s maternity leave from 14.08.2023 till 09.02.2024, ensuring all associated service benefits.