मातृत्व अवकाश स्वीकृत नहीं करने पर बीएसए तलब, सर्व शिक्षा अभियान के राज्य परियोजना निदेशक भी हाई कोर्ट में होंगे पेश : देखें आदेश

मातृत्व अवकाश स्वीकृत नहीं करने पर बीएसए तलब, सर्व शिक्षा अभियान के राज्य परियोजना निदेशक भी हाई कोर्ट में होंगे पेश।

⚫ आदेश ⚫

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH 

Court No. - 7 

Case :- SERVICE SINGLE No. - 3710 of 2017 

Petitioner :- Smt. Poonam Gupta 

Respondent :- State Of U.P. Thru Secy. Education (Basic) Lucknow & Others 

Counsel for Petitioner :- Suresh Chandra Shukla 

Counsel for Respondent :- C.S.C.,Manish Mishra 

Hon'ble Devendra Kumar Upadhyaya,J. 

On an oral prayer made by the learned counsel for the petitioner, let State Project Director, Sarva Shiksha Abhiyana, U.P., Lucknow be impleaded as respondent no.4.

Learned counsel for the petitioner to permitted to incorporate the necessary amendments during course of the day. 

Notice on behalf of respondent nos.1 and 2 has been accepted by the office of learned Chief Standing Counsel, Shri Manish Mishra has accepted notice for respondent no.3 and Shri Ajay Kumar has accepted notice for newly impleaded respondent no.4. 

In an earlier writ petition filed by the petitioner, a direction was issued on 30.09.2016 to the District Basic Shiksha Adhikari concerned to take a decision into the grievance of the petitioner for grant of 180 days maternity leave in the light of the judgment rendered by this Court at Allahabad in Writ-A No.18813 of 2016; Manisha vs. State of U.P. and others. 

The District Basic Education Officer, however, while taking the decision in purported compliance of the said order dated 30.09.2016 has stated that since the government order dated 31.01.2013 does not provide for grant of any maternity leave of 180 days, as such he has sought guidelines from the State Project Director, Sarva Shiksha Abhiyana, U.P., Lucknow for ensuring compliance of the Court's order. 

Prima facie, for ensuring compliance of the Court's order, no such guidelines ought to have been sought by the District Basic Education Officer as he was under obligation to take decision strictly in accordance with the order dated 30.09.2016, passed by this Court in the earlier writ petition filed by the petitioner, namely, Writ Petition No.23912 (S/S) of 2016. It is also� noticeable that the Court while passing the order dated 30.09.2016 had only directed the Basic Shiksha Adhikari to take decision into the grievance of the petitioner in terms of the judgment and order dated 27.04.2016, passed by this Court at Allahabad in the case of Manisha (supra) wherein a direction was given to consider and decide the prayer for grant of maternity leave in view of the judgment of Hon'ble Supreme Court in the case of Municipal Corporation of Delhi vs. Female Workers, reported in [2000 Law Suit (SC) 487]. The said decision of Hon'ble Supreme Court is based on the principles laid down in Article 11 of the Convention on the Elimination of all forms of discrimination against women adopted by the United Nations. 

List/put up this case on Monday i.e. 20.02.2017, on which date, the District Basic Education Officer, Lucknow and the State Project Director, Sarva Shiksha Abhiyan, U.P.,Lucknow shall be present before this Court to show cause as to why the grant of maternity leave to the petitioner has been denied though such a right is embedded in the right to life under Article 21 of the Constitution of India, not only in relation to the petitioner, who is mother but also in relation to the child as well. 

Order Date :- 17.2.2017 

akhilesh/-