Fourth Child, No Maternity Leave: Allahabad High Court Upholds UP Service Rule

The Allahabad high court has held that a woman government employee with two or more living children cannot claim maternity leave for a subsequent child under the Uttar Pradesh service rules, even if she says she had not availed maternity leave for her earlier children.

Court, relying on the Financial Handbook governing maternity leave, dismissed a plea by a woman government employee seeking six months' maternity leave for her fourth child.

Why was maternity leave for the fourth child denied?

The bench of Justice Manju Rani Chauhan was hearing a writ petition filed by Smt. Sashi Kumari challenging a June 19, 2026 order rejecting her claim for maternity leave for her fourth child.

Kumari had sought a direction to the authorities to grant her six months' maternity leave. Her counsel argued that she had not availed maternity leave when her first three children were born and was therefore seeking the benefit for the first time for her fourth child. The rejection of her claim was consequently arbitrary, the counsel submitted.

The State, however, opposed the plea and relied on the Financial Handbook, Volume II, Parts 2 to 4, Chapter 10, which governs maternity leave for government employees.

What do UP service rules say about maternity leave?

The provision reproduced before the court says maternity leave may be granted to permanent or temporary women government servants for childbirth for 180 days, subject to the conditions prescribed under the rules.

But it also specifically provides that if a woman government servant has two or more living children, maternity leave cannot be granted, even if she would otherwise be entitled to such leave.

The State therefore argued that Kumari was not entitled to maternity leave for her fourth child and that her writ petition should be dismissed.

The high court accepted the State's position and found no reason to interfere with the order rejecting her claim.

"No interference is required by this Court," Justice Chauhan said, dismissing the writ petition.

Does not taking leave for earlier children change the position?

The petitioner had specifically argued that she had not taken maternity leave for the birth of her first three children and was therefore availing the benefit for the first time.

However, the judgment does not grant relief on that basis. Court dismissed the petition after taking note of the provision in the Financial Handbook that bars maternity leave where a woman government servant has two or more living children.

The rules separately provide for maternity leave in cases of miscarriage, including miscarriage accompanied by abortion, for up to six weeks on each occasion, subject to the prescribed conditions and a certificate from an authorised medical practitioner.

Filing of typed documents

Court also took note of the manner in which the writ petition had been filed.

It said the petition contained only typed copies of the documents instead of photocopies of the original documents. Court observed that the typed copies contained certain typing errors, which had to be verified against photocopies of the relevant documents.

"This makes it difficult for the court to decide on the issues," Court said, directing the Reporting Section to raise an objection in such cases and ensure that writ petitions are filed with proper photocopies of the documents annexed with them.

Court further directed that a copy of its order be placed before the Registrar General for necessary directions to the Reporting Section.

Case Title: Smt. Sashi Kumari vs. State Of U.P. And 2 Others

Order Date: August 7, 2026

Bench: Justice Manju Rani Chauhan