Himachal Pradesh High Court
Reena Kumari vs State Of H.P. And Others on 17 July, 2025
Bench: Tarlok Singh Chauhan, Sushil Kukreja
( 2025:HHC:23140 )
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA.
CWP No.11473 of 2025
Decided on: 17th July, 2025
.
Reena Kumari
.......Petitioner
versus
State of H.P. and others ...Respondents
Coram
The Hon'ble Mr. Justice Tarlok Singh Chauhan, Judge.
The Hon'ble Mr. Justice Sushil Kukreja, Judge.
Whether approved for reporting?1 No.
For the petitioner:
r Dr. Rajesh Kumar Parmar,
Advocate.
For the respondents: Mr. Anup Rattan, A.G with
Mr.Ramakant Sharma, Addl.
A.G and Ms.Sharmila Patial,
Addl. A.G.
Tarlok Singh Chauhan, Judge (Oral)
Issue notice. Ms. Sharmila Patial, learned Additional Advocate General appears and waives service of notice on behalf of the respondents.
2. The instant petition has been filed for grant of the following substantive reliefs:-
"(a) Issue a writ in the nature of Certiorari, quashing the impugned letter dated 20.05.2025 (Annexure P-1) issued by the Respondents rejecting the maternity leave of the Petitioner.
1 Whether the reporters of Local Papers may be allowed to see the judgment? Yes.
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(b) Issue a writ of Mandamus directing the Respondents to grant 180 days maternity leave to the Petitioner for her second delivery dated 10.06.2025, with all consequential service and financial benefits.
.
(c) Declare Rule 43(1) of the CCS (Leave) Rules, 1972, to the extent it arbitrarily discriminates against women who give birth to twins in first delivery, as unconstitutional and violative of Articles 14 and 21."
3. According to learned counsel for the petitioner, the issue is no longer res-integra and has been considered and decided by the Hon'ble Supreme Court in Civil Appeal No.2526 of 2025 titled as K.Umadevi vs. Government of Tamil Nadu and others, decided on 23rd May, 2025. This is a matter, which is required to be considered by the respondents.
4. Accordingly, we deem it appropriate to dispose of this petition by directing the respondents to consider and decide the case of the petitioner in the light of aforesaid judgment within a period of twelve weeks from today. Ordered accordingly.
5. The petitioner shall be entitled to the maternity leave of 12 weeks in terms of Maternity Benefit Act, 1961 at the first instance and further leave would be governed by the decision taken by the respondents or in case such decision is challenged before the competent authority/Court, then, by ::: Downloaded on - 17/07/2025 21:21:50 :::CIS ( 2025:HHC:23140 ) 3 the orders passed by such authority/Court, whichever is later in point of time.
6. Pending applications, if any, also stand disposed .
of.
( Tarlok Singh Chauhan )
Judge
July 17, 2025 ( Sushil Kukreja )
(naveen) Judge
r to
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