Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Scanned Judgements…!
Case flow management: The High Court of Uttarakhand has framed rules for case management to ensure timely disposal of cases, balancing judicial efficiency with constitutional rights (Sources: 2025 Supreme(Online)(UK) 3592).
Analysis and Conclusion:
References:- 2025 0 Supreme(Kar) 216 – Supreme Court and High Court judgments on speech restrictions and FIR quashing.- 2025 Supreme(Online)(Kar) 36123 – Constitutional protections and scope of FIR quashing.- 2023 0 Supreme(UK) 485 & 2023 0 Supreme(UK) 600 – Mineral concession rules and policies.- 2024 0 Supreme(UK) 657 & 2023 0 Supreme(UK) 600 – Procurement rules.- 2024 0 Supreme(UK) 351 – Educational service rules and promotion policies.- 2025 Supreme(Online)(UK) 3626 – Tax and cess regulations.- 2025 Supreme(Online)(UK) 3704 – Environmental rules and wetland conservation.- 2023 Supreme(Online)(MAD) 11070 – Maternity benefits and Fundamental Rules.- 2025 Supreme(Online)(UK) 3592 – Court case management rules.
is a critical right for working women, ensuring they can balance motherhood with professional responsibilities. In Uttarakhand, female ' access to this benefit is governed by , which imposes specific conditions. If you've ever wondered, What is Uttarakhand Fundamental Rule 153?, this post breaks it down, exploring its provisions, court interpretations, and potential conflicts with national laws.
This guide draws from judicial precedents and official rules to provide clarity. Note: This is general information and not personalized legal advice. Consult a qualified lawyer for your specific situation.
FR 153, adopted by Uttarakhand from , regulates for female , whether permanent or temporary. It allows on full pay, granted by the head of the department or delegated authority, subject to strict conditions. 2016 0 Supreme(UK) 843
Key highlights include:- Duration: Up to three months from the date of commencement.- Frequency Limit: Not more than three times during the entire service.- Child Restriction: No entitlement if the servant has two or more living children, unless exceptions apply (e.g., one child is disabled or has an incurable disease). 2018 0 Supreme(UK) 427- Two-Year Gap: No until two years have elapsed from the expiry of the previous one. 2018 0 Supreme(UK) 427
These rules aim to structure leave while managing public service demands, but they have sparked debates on fairness and constitutionality.
Under FR 153, eligibility is narrow:1. Service Status: Applies to both permanent and temporary female .2. Number of Children: The second proviso bars leave for those with two or more living children, a condition upheld in courts despite challenges. 2018 0 Supreme(UK) 4273. Prior Leave History: The two-year restriction prevents frequent claims, ensuring operational continuity.
For instance, courts have dismissed petitions where employees sought leave beyond these limits, affirming, No shall be admissible until at least two years have elapsed from the expiry of the last granted. 2018 0 Supreme(UK) 427
Exceptions exist for special cases like disabled children, emphasizing humane considerations within the rule's framework.
have consistently upheld FR 153's provisions. In one case, a by a government employee was dismissed, with the court ruling that do not qualify as 'employees' under the (MBA). Thus, FR 153 governs exclusively. 2022 0 Supreme(All) 1096
The MBA's lacks a two-child restriction, leading challengers to argue FR 153's second proviso conflicts with it. However, courts clarify: The Maternity Benefit Act does not apply to , the question of inconsistency does not arise. 2018 0 Supreme(UK) 427
This distinction is pivotal—private sector workers fall under MBA, but public servants rely on service rules like FR 153.
Critics invoke of the Constitution, mandating just and humane conditions of work and maternity relief. Yet, courts validate FR 153, noting no infringement since MBA inapplicability removes direct conflict. 2018 0 Supreme(UK) 427
In related judgments, broader rights are affirmed. For contractual employees, one court held: Rule 153 of the , as applicable to the State of Uttarakhand... benefits of with full salary could not be denied to a female employee appointed on . 2016 0 Supreme(UK) 844 This decision deemed denial arbitrary, violating Articles 14 and 16. 2016 0 Supreme(UK) 843
Another emphasized: The State is required to make provision for securing just and humane conditions of work and for maternity relief. (Para 16) 2016 0 Supreme(UK) 844 It extended rights to contractual, , and under read with international conventions, promoting gender equality. 2016 0 Supreme(UK) 844
These cases suggest evolving interpretations, potentially influencing permanent servants' claims.
While FR 153 focuses on maternity, analogous service rules highlight judicial scrutiny. Though primarily on seniority (e.g., cyclic orders in Minor Irrigation Service Rules), they underscore rule adherence. 2017 0 Supreme(UK) 408
For maternity, contractual cases expand scope: A petitioner denied leave from succeeded, with courts directing full pay and additional benefits like , , and . 2016 0 Supreme(UK) 843
Key ratio: Every female employee... have a to reasonable duration of ... u/Art. 21 r/w Art. 42. 2016 0 Supreme(UK) 844 This aligns FR 153 with constitutional imperatives, urging liberal construction.
Departments should train on these nuances to avoid litigation.
In summary, while FR 153 structures maternity benefits, its restrictions face constitutional scrutiny. As maternity rights evolve, staying informed is key. This post references judgments like 2022 0 Supreme(All) 1096 2018 0 Supreme(UK) 427 2016 0 Supreme(UK) 843 2016 0 Supreme(UK) 844 2017 0 Supreme(UK) 408, but professional advice is essential.
Word count: Approximately 1050. Last updated: Current date.
#UttarakhandFR153, #MaternityLeaveIndia, #GovtServantRights
Freedom of speech and expression guaranteed by Article 19(1)(a) of the Constitution is a very valuable fundamental right. However, the right is not absolute. ... The FIR itself was quashed, as the High Court of Uttarakhand had rejected the petition which challenged the FIR. 10. ... State of Uttarakhand [(2024) 7 SCC 555] read as under: "21. ... Clauses (a) and (b) of Section 153-A and Section 505(2) are extracted below: "153-A. ... Speech crime is punishable under Section 153- A IPC.
One of the most important fundamental rights conferred on the citizens of India is under Article 19 (1)(a) of the Constitution. It is the fundamental right of freedom of speech and expression. ... If the police or executive fail to honour and protect the fundamental rights guaranteed under Article 19 (1)(a) of the Constitution, it is the duty of the Courts to step in and protect the fundamental rights. There is no other institution which can uphold the fundamental rights of the citizens. ... If the poli....
After creation of the State of Uttarakhand, these Rules were adopted by the State of Uttarakhand and they are now Uttarakhand Minor and Minerals Concession Rules, 2001. Rule 8 of 2001 Rules, is as follows: “8. ... This is complete compliance of Rule 8 of the 2001 Rules. APPLICATION OF UTTARAKHAND MINOR MINERALS POLICY, 2015 28. 2015 Policy is a policy as the name suggests. It does not govern renewal or grant of lease. ... Therefore, according to the State Government in the present case....
The expression ^lkexzh* used in Rule 36 is defined in Rule 2p of Uttarakhand Procurement Rules, 2017. ... He refers to the expression ^lkexzh* used in Rule 36(1) of Uttarakhand Procurement Rules, 2017. ... 36 of the Uttarakhand Procurement Rules, 2017. ... Today, on instructions, learned counsel appearing for Municipal Corporation relies upon a Notification dated 16.02.2016, issued by the Government of Uttarakhand by invoking its rule making pow....
By giving reference to Rule 36 of the Uttarakhand Rules 2017, it is contended by the learned counsel that in respect of Gola River, the estimated cost of tender is Rs. 2.68 crores, and, therefore, 2% of the said estimate cost, as per the Rule 36 of the Uttarakhand Rules 2017 comes ... The learned counsel for the petitioner submits that putting mandatory condition of depositing Rs. 25 lakhs as earnest money is wholly arbitrary, illegal and contrary to Rule 36 of the Uttarakhand Rules 2....
In the year 2006, after creation of the State of Uttarakhand, first time the Rules, i.e., Uttarakhand Education (General Education Cadre) Service Rules, 2006 (hereinafter referred to as the Service Rules 2006 for brevity) were framed, and, as per Sub-Rule (5) of Rule 5 of the said Rules, post of Principal ... It is argued that Rule 5(3) ¼[k½ and 5(4) ¼[k½ and Rule 6 and 8 of Uttarakhand State Educational Teacher Cadre (Gazette Service) Rule 2022 bein....
7.12.2021 passed by respondent no. 5 le Assistant Commissioner, State Tax, Bageshwar, as the petitioner had already paid the 2% cess to Uttarakhand Excise Department (iii) Issue a writ, rule, order or direction in the nature of Mandamus commanding and directing the respondents no 3 & 4. either to ... Bageshwar whereby he has imposed a CESS of Rs. 90000/- for the financial year of 2017-18, on the sale of country made liquor under the provisions of Uttarakhand Cess Act 2015, (ii) Issue a writ, rule, order or direction in t....
Dated: 08.12.2025 Sukhbant SUKHBANT Digitally signed by SUKHBANT SINGH DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=71978f9c61bfde0ba69967c787b1764ea7bc7dd129a 8a6380d49b1885e628615, postalCode=263001, SINGH st=UTTARAKHAND ... I N THE HI GH COURT OF UTTARAKHAND AT NAI NI TAL THE HON’BLE CHI EF JUSTI CE MR. G. NARENDAR AND THE HON’BLE JUSTI CE MR. ... C.S.C. for the State of Uttarakhand. Mr. Shobhit Saharia, learned counsel for the KMVN. Ms. Annanya Jain, learned counse....
The Fundamental Rules make it very clear that such a benefit is available to a married women only upto two surviving children and the norm two surviving children made as mandatory to avail such benefit under the said Rule. ... As far as the Government Servant in the State of Tamil Nadu is concerned, it is the Fundamental Rule 101(a) which govern the maternity benefit applicable to them. The Government has issued orders relating to Maternity Leave from time to time. ... Whereas she will be governed only by the F....
Under Rule 3 of the aforesaid Rules categorization has been made as Track Nos.1, 2 and 3 of the aforesaid Rules. ... husband further submits that the High Court of Uttarakhand has framed “The Uttarakhand Case Flow Management (for Subordinate Courts) Rules, 2009” by exercising its powers under Article 227 of the Constitution of India. ... HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition Misc. ... Rule 3(2) of the Rules provides that the Presiding Officer shall endeavor to dispose-off cases under Tr....
The proviso Second of the Fundamental Rule 153 of the U.P. Fundamental Rules, as adopted by the State of Uttarakhand is declared ultra vires and unconstitutional and the same is struck down. The State Govt. is directed to provide maternity leave to the petitioner for 30.06.2015 to 09.12.2015, within six weeks from today. Maternity leave on full pay which a female government servant, whether permanent or temporary, may be drawing on the date or proceeding on such leave may be granted to her by the head of the department or by a lower authority to whom power may be delegated ....
In both the Rules, the seniority has to be determined in order of their names as arrayed in the appointment letter. Thus, the provisions of Rule 8 of the said Rule the Uttarakhand Govt. Servants Seniority Rules, 2002 vis-à-vis Rule 22 of the Minor Irrigation Service Rules 2006 would be applicable in the case of the petitioners.
5. Rule 153 of the U.P. Fundamental Rules, as applicable to the State of Uttarakhand, reads as under: Maternity leave on full pay which a female government servant, whether permanent or temporary, may be drawing on the date or proceeding on such leave may be granted to her by the head of the department or by a lower authority to whom power may be delegated in this behalf subject to the following:—
4. Rule 153 of the U.P. Fundamental Rules, as applicable to the State of Uttarakhand, reads as under: Maternity leave on full pay which a female government servant, whether permanent or temporary, may be drawing on the date or proceeding on such leave may be granted to her by the head of the department or by a lower authority to whom power may be delegated in this behalf subject to the following:—
It means that whatever contained in Rules regarding the appointment, the seniority has to be determined strictly in accordance with the provisions contained in Uttaranchal Govt. Servants Seniority Rules, 2002 is also important, which states that the previsions of these rules shall have the overriding effect of other rules. Apart from the Rule-23 as mentioned above, Rule-3 of Uttarakhand Govt.
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