Allahabad High Court Raps Horticulture Dept Director For Denying Maternity Leave On 2-Yr Gap Ground; Issues Contempt Notice

While hearing the petition filed by one Sushila Patel, a bench of Justice Ajit Kumar observed that it was 'unfortunate' that the Director ignored the binding directions of the Court and repeated the very ground that had already been quashed earlier.

For context, earlier in November 2024, the High Court set aside the two rejection orders of September 2024. In its order, the Court specifically relied on the April 2022 judgment in Guddi v. State of U.P. and Others, wherein it was categorically held that insisting on a minimum gap of 180 days or two years between two pregnancies was not mandatory for sanctioning maternity leave in government service.

Despite this, when the petitioner applied afresh on December 7, 2024, enclosing a copy of the High Court's order, the Director again rejected her application on the same ground.

Expressing displeasure over the director's decision, the bench remarked thus:

"It is unfortunate that despite directions issued by this Court in a number of petitions that such requirement of minimum two years period to pass in between two pregnancies was not mandatory to avail benefit of maternity leave…yet Director, Horticulture and Food Processing Department, U.P., Lucknow U.P. failed to appreciate the same and rejected the maternity leave application for no justified reasons".

The Court added that such an act and conduct amounts to clear contempt of the order of the HC.

The Court thus ordered the Director, Horticulture and Food Processing, UP to appear in person before the Court and show cause as to why he may not be proceeded with by framing charges for initiating proceedings under Contempt of Courts Act, 1971, on September 1.