Patna High Court
Shobha Kumari vs The State Of Bihar on 5 August, 2025
Author: Purnendu Singh
Bench: Purnendu Singh
IN THE HIGH COURT OF JUDICATURE AT PATNA
Civil Writ Jurisdiction Case No.12632 of 2025
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Shobha Kumari Wife of Sri Ravi Kant Kumar, Daughter of Late- Bhola
Prasad Giri, Residence of Village- Khedalpura, P.O. and P.S- Bihta, District-
Patna, State- Bihar.
... ... Petitioner/s
Versus
1. The State of Bihar through Additional Chief Secretary, Education
Department, Govt. of Bihar, Patna.
2. The District Education Officer, Patna.
3. The Block Education Officer, Bihta, Patna.
4. The Head Master U.M.S., P.O. and P.S.- Bihta, District- Patna.
5. The District Appellate Authority, Patna.
6. The Chairperson State Appellate Authority, Bihar, Patna.
... ... Respondent/s
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Appearance :
For the Petitioner/s : Mr. Ravi Kant Kumar, Advocate
For the Respondent/s : Mr. Subodh Kumar, AC to SC(26)
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CORAM: HONOURABLE MR. JUSTICE PURNENDU SINGH
ORAL JUDGMENT
Date : 05-08-2025
Heard Mr. Ravi Kant Kumar, learned counsel
appearing on behalf of the petitioner and Mr. Subodh Kumar,
learned AC to SC(26) for the State.
2. Petitioner has inter alia prayed for following reliefs
in the paragraphs No.1 of the writ petition:-
"(A) To issued the writ of certiorari and set
aside the order dated 19/06/2024 Contained Annexure 5
Passed by Learned District Authority Patna (Res. 5), in
Appeal Case No. 94 of 2023 whereby and where under
refused to Granted the Maternity Leave to the Since
23.03.2023
to 19.09.2023 to the petitioner which is
provided to benefit of maternity leave up to 180 days had
been made available for Women Teacher Under Section
20 (1) (iii) of the Bihar Panchayat Elementary School
Service (App. Promotion, Transfer, Disciplinary
Proceeding and Service Condition) Rule 2020, it shall
come into force vide Government of Bihar education
Department, Notification, File Number 7/ Niyo-12/2020-
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709 dated 21.08.2020.
(B) To issued the writ of certiorari and set aside the
order dated 21/07/2025 Contained Annexure 6 passed by
the Learned Chairperson State Appellate Authority,
Bihar, Patna (Res. 6), in Case No. Appeal 70 of 2024
whereby and where under the Impugned order Passed by
Learned District Authority Patna (Res. 5), in Appeal
Case No. 94 of 2023 is upheld and Appeal is disallowed.
(C) To issued the writ of mandamus to commanding to
the respondent/s authority to performing his legal
obligation accordance with law and procedure Under
Section 20 (1) (iii) of the Bihar Panchayat Elementary
School Service (App. Promotion, Transfer, Disciplinary
Proceeding and Service Condition) Rule 2020, it shall
come into force vide Government of Bihar, education
Department, Notification, File Number 7/ Niyo- 12/2020-
709 dated 21.08.2020.
(D) To issued the writ of mandamus to commanding to
the respondent/s authority, due to such action of the
respondents/s new born child of the petitioner becomes
death and E.P.F. become irregulars, hence petitioner also
entitled to get the heavy compenstion from responsible
respondent/s, department of Education State of Bihar.
(E) To the Proper Action against the responsible
Respondent/s authority under which they has adapted to
the Choose and pick method, without follows the Law &
Procedure.
(F) To any other Relief or Reliefs may be allowed which
will be just, proper and equitable on the opinion of this
Hon’ble court.”
3. In the present case, the petitioner is aggrieved by
the action of the Block Education Officer, who has not
sanctioned the maternity leave to the petitioner as per the
provision of Rule 20 of the Bihar Panchayat Elementary school
service (Appointment, Promotion, Transfer, Disciplinary
Proceeding and Service Condition) Rules, 2020, which is in
conformity with Section 3(C) of the Maternity Benefits Act and
Article 15(3) of the Constitution of India. The Apex Court
Patna High Court CWJC No.12632 of 2025 dt.05-08-2025
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having faced with similar situation in case of Deepika Singh v.
Central Administrative Tribunal, & Ors. in Civil Appeal No.
5308 of 2022 (Arising out of SLP (C) No. 7772 of 2021), held
that the husband of the appellant was having two children from
his first marriage, which ended as a result of death of his first
wife, the maternity leave of the appellant was rejected on the
ground that as per the provision of Rule 43(C) of Central Civil
Services (Leave) Rules, 1972, Child Care Leave is granted on
the ground that maternity leave, as contained in Rule 43, is
applicable to only two children and the appellant having availed
maternity leave for two children, doesn’t deserve the maternity
leave for third children. The Apex Court held that the child
requires proper care, at the same time, the woman, who has
conceived the child is compelled by social circumstances to
even give up the work on the birth of the child. The Apex Court
allowed the maternity leave in such circumstances. I find that
the case of the petitioner is covered by the law laid down by the
Apex court in case of Deepika Singh(Supra).
4. Otherwise also order dated 21.07.2025 passed by
the Chairperson State Appellate Authority, Bihar, Patna
(Respondent no. 6), in Case No. Appeal 70 of 2024 is not
sustainable, as the same has been passed by the Officer of
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Indian Administrative Service. The Tribunal quorum provided
under Rule 4(3) of the Bihar State School Teachers and
Employees Disputes Redressal Rules, 2015 (hereinafter
referred to as the ‘Rules, 2015’) has not been fulfilled. A
reference in this regard can be taken to the law laid down by the
Apex Court in the case of State of Gujarat Vs. Utility Welfare
Association reported in (2018) 6 SCC 21, the impugned order
dated 19.06.2024 passed by the District Appellate Authority in
Appeal No.94 of 2023 and order dated 21.07.2025 passed by the
Chairperson State Appellate Authority in Appeal no.70 of 2024
can only be held to be without jurisdiction and as such, the same
are hereby set-aside and quashed.
5.The clarification given by the Block Education
Officer also cannot be sustained.
6. The employment unit is required to sanction the
maternity leave as per the mandate of Article 21 of the
Constitution of India. Non-grant of maternity leave has resulted
into miscarriage of justice.
7. The petitioner is entitled for maternity leave of
180 days, in light of law laid down by the Apex Court in case of
Deepika Singh(Supra).
8. Accordingly, the present writ application stand
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disposed of.
9. There shall be no order as to costs.
(Purnendu Singh, J)
Ashishsingh/-
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