The Allahabad High Court ruled on Tuesday that second maternity leave cannot be denied on the ground of a two-year gap between children. Justice Karunesh Singh Pawar delivered the judgment in Manisha Yadav's case.
The Allahabad High Court stated that the Maternity Benefit Act, a law enacted by Parliament, would prevail over any executive instructions or provisions in the financial handbook.
In case of inconsistency, the provisions of the Act would have an overriding effect, the court said, referring to earlier rulings. Justice Karunesh Singh Pawar, sitting singly, disposed of Manisha Yadav's petition with these directions.
The ruling strengthens maternity entitlements for government employees, particularly regarding leave for a second child.