Maternity leave protected under Law, even during regularization: Himachal Pradesh HC
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Shimla, Aug 16,
The Himachal Pradesh High court has held that maternity leave already granted to a contractual staff cannot be curtailed merely because she submitted a fitness certificate at the time of her regularization.
Allowing a writ petition filed by Kamini Sharma, Justice Sandeep Sharma clarified that maternity leave is a statutory and constitutional right, not a concession at the discretion of the employer. The petition Kamini Sharma is a Junior basic teacher (JBT) at Government Primary school, Gater.
The petitioner was appointed on a contractual basis in September 2018. In August 2021, she delivered a child and availed 180 days maternity leave as per the Central Civil Services (Leave) Rules, 1972. During this period, her services were regularized on October 21, 2021, after which she submitted her joining report and medical fitness certificate the next day, explicitly recording that she remained on maternity leave.
Although the Education Department initially raised no objection, it later issued an order on December 13, 2021, cancelling her sanctioned maternity leave from October 23 onward and converting the period into extraordinary leave, arguing that submission of the fitness certificate amounted to “resumption of duty.”
Rejecting the government’s stand, the Court held that mere submission of documents for regularization does not constitute resumption of duty. It emphasized that Rule 43 of the CCS Leave Rules allows forfeiture of balance maternity leave only if the employee voluntarily resumes duty midway — which was not the case here.
“The petitioner never rejoined work. She only complied with formalities for regularization while continuing on maternity leave. Her expression of continuity was never disputed by the authorities,” Justice Sharma observed.
The Court quashed the cancellation order and directed the State to release all due salary, with 6% annual interest if payment was not made within six weeks.
Notably, the same bench had earlier decided Archana Sharma v. State of H.P. & Others, involving a Staff Nurse at Civil Hospital, Paonta Sahib, where maternity leave was denied on the ground that the petitioner already had two surviving children. The Court set aside the denial, holding that maternity protection cannot be denied mechanically by citing policy restrictions when constitutional guarantees of equality, dignity, and motherhood are at stake.
By aligning with the principles upheld in Supreme Court rulings, the Himachal High Court has reinforced that maternity benefit is a legal and constitutional safeguard, designed to ensure that women can embrace motherhood “peacefully and without fear of punishment.”
Legal experts view these rulings as a significant step in strengthening workplace protections for women in both contractual and regular positions across government services.
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