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What did the court say

  • The High Court of Punjab & Haryana, which affirmed the Central Authoritative Tribunal's ruling, rejected the appeals for maternity leave.
  • The case was scheduled to be heard by a panel of Justices D.Y. Chandrachud and M.R. Shah, who consented to hear the SLP filed against the Punjab and Haryana High Court's ruling.
  • “It’s an interesting question of law, we will hear this”. Justice Chandrachud said. The Bench has issued a notice in the case, but the High Court has not granted the petitioner's request for a stay.

What was the case

  • The petitioner requested maternity leave after the birth of her first biological kid and the fact that her spouse has two children from a previous marriage, according to her attorney.
  • Deepika Singh, the petitioner, married Amir Singh according to Hindu rites and customs. While it was her first marriage, it was Amir Singh's second after his first wife Sunita Singh died, leaving them with two children, Aryan Singh and Kanishka Singh.
  • Deepika Singh and Amir Singh welcomed their first child, Viren Pratap Singh. Deepika Singh, a Nursing Officer at the Post Graduate Institute of Medical Education and Research in Chandigarh, requested for and received maternity leave.
  • However, after reviewing her file, the Department decided to revoke it, claiming that because she already had two surviving children and had taken Child Care Leave on that basis, she was no longer eligible.

Legal Background

  • The case was Deepika Singh Vs Central Administrative Tribunal.
  • The petitions for maternity leave were denied by the High Court of Punjab and Haryana, which upheld the Central Authoritative Tribunal's decision.
  • The petitioner raised important questions under the CCS (Leave) Rules, 1972 and Maternity Benefit Act, 1961.
  • Petitioner relied on Ruksana vs. State of Haryana, 2011 in the High Court petition.

What do you think of this case? Let us know down in the comments!

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