HC grants maternity leave to Staff Nurse for third child, says ‘Motherhood and Childhood deserve constitutional attention’
Photo used for indicative purpose only. Source internet
Shimla, Aug 5,
The Himachal Pradesh High Court has allowed maternity leave to a government-employed staff nurse for her third child, setting aside the state’s rejection based on Central Civil Services (Leave) Rules, 1972. The court held that the birth of a third child cannot automatically disqualify a woman from maternity benefits, especially when her first two children were born before entering government service.
The petitioner, Archana Sharma, a staff nurse at Civil Hospital, Paonta Sahib, had approached the court after her request for 180 days of maternity leave was denied by the Senior Medical Officer citing Rule 43(1) of the CCS (Leave) Rules. The rule allows maternity leave to female government servants “with less than two surviving children.” The state argued that since Sharma had two surviving children, she was ineligible under the rule.
However, Justice Sandeep Sharma disagreed, stating that the core issue was whether “a female Government employee, who joins Government service after her having given birth to two children, can be denied benefit of maternity leave on the birth of third child under the garb of Rule 43(1).” He emphasized that the rule must be interpreted purposively, taking into account the realities of life and motherhood.
Quoting the Supreme Court’s ruling in K. Umadevi vs. Government of Tamil Nadu (2025), Justice Sharma noted that “in the context of employment, childbirth has to be construed as a natural incident of life and, hence, provisions for maternity leave must be construed in that perspective.” He further reiterated that “courts are confronted with such situations… they would do well to attempt to give effect to the purpose of the law in question rather than to prevent its application.”
The court found it relevant that Sharma’s first two children were born before she entered government service, and her request for maternity leave was made for the first time as a government employee. Drawing from the apex court’s observations, Justice Sharma said, “It is not just motherhood but also childhood that requires special attention,” and that maternity leave is “a matter of not just fair play and social justice but is also a constitutional guarantee to the women employees of this country towards fulfillment whereof the State is bound to act.”
Accordingly, the court quashed the July 10, 2025 order of rejection and directed the government to grant maternity leave to the petitioner forthwith under Rule 43(1), adding that denying such a right would go against the principles of social justice and constitutional protection of working women.
The judgment adds to a growing jurisprudence recognizing that rules must be applied contextually, with empathy and constitutional morality, especially when they intersect with gender rights and dignity.
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