CUTTACK, India, March 11 -- Orissa High Court issued the following order on Feb. 10:

1. Heard learned counsel for the Petitioner as well as the learned Additional Government Advocate. Perused the writ application as well as the documents annexed thereto.

2. By filing the present application, the Petitioner has made the Under the aforesaid facts and circumstances, it is therefore, prayed that this Hon'ble Court may graciously be pleased to :

(i) admit and allow this Application;

(ii) direct / order the Opp.Parties to consider the abovementioned case of the Petitioner and thereby direct the Opp.Parties to release the maternity leave salary for the period from 01.11.2023 to 27.04.2024 within a stipulated period, as may be fixed by this Hon'ble Court for the interest of justice;

(iii) pass such other order (s) or issue direction(s) as may be deemed fit and proper in the bona fide interest of justice."

3. Learned counsel for the Petitioner at the outset contended that the Petitioner was appointed by the Opposite Party No.3 under Rehabilitation Assistance Scheme vide order dated 02.05.2018. Accordingly, the Petitioner joined in the vacant post of Clerk at Ratnakundu High School in the district of Balasore on 25.05.2018. While working in the abovenamed school in the post of a Clerk, the Petitioner sought for maternity leave for the period from 01.11.2023 to 27.04.2024 by virtue of her application dated 17.10.2023.

4. While the matter stood thus, the Petitioner submitted her joining report along with a certificate from the treating Doctor with regard to mental and physical fitness of the Petitioner dated 05.04.2024. After acceptance of the joining report, the Petitioner joined in her duty on 28.04.2024. After joining in her duty, the Petitioner and the headmaster of the school asked for sanction of the maternity leave availed by the Petitioner from 01.11.2023 to 27.04.2024. The District Education Officer, Balasore-Opposite Party No.3 allowed the maternity leave for a period of 90 days without any consolidated pay. Being aggrieved by such conduct of the Opposite Party No.3, the Petitioner has approached this Court by filing the present writ application.

5. Learned counsel for the Petitioner in course of his argument referred to the judgment of the Hon'ble Division Bench of this Court in State of Odisha & Anr. Vs. Smt. Anindita Mishra in W.A. No.1074 of 2023 disposed of vide judgment dated 24.06.2025. In the abovenoted Writ Appeal the order passed by the Single Judge Bench dated 30.08.2022 in WPC(OAC) No.1680 of 2017 was under scrutiny by the Division Bench. The issue involved in the abovenoted Writ Appeal was with regard to grant of maternity leave to the respondent in the abovenoted appeal. Although, the learned Single Judge allowed the prayer of the Petitioner-respondent, however, the State-Opposite Parties preferred an appeal against the judgment of the Hon'ble learned Single Judge.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=A9S7c5LDIsB6RXaCf816x6xqjyqL4vjvMdmEEoTvWK2Ge2kYo0U4TTZR2MW0E%2FFC&caseno=WP(C)/19381/2025&cCode=1&cino=ODHC010485492025&state_code=11&appFlag=)

Disclaimer: Curated by HT Syndication.