The Allahabad High Court has dismissed a state government employee’s plea seeking maternity leave for the birth of her fourth child, holding that she was not eligible for the benefit under the applicable service rules.
Justice Manju Rani Chauhan passed the order on August 7 while hearing a petition filed by Shashi Kumari, a state government employee.
Kumari had challenged an order issued on June 19 by the Block Education Officer, Sambhal (Bheem Nagar), who had rejected her request for maternity leave for her fourth child. She had asked the high court to direct the authorities to grant her six months of maternity leave.
What did the state government argue?
The state government opposed the petition, arguing that the applicable rules did not permit maternity leave for the fourth child. Its counsel told the court that Kumari was not entitled to maternity leave in the circumstances and that there was no reason to interfere with the education officer’s decision.
Kumari’s lawyer, however, argued that she had not taken maternity leave when her first three children were born. Since she had never availed the benefit earlier, her counsel maintained that she should be allowed to claim it for her fourth child.
Her lawyer also challenged the education officer’s decision as arbitrary and legally unsustainable.
Why did the court dismiss the plea?
During the hearing, the state counsel referred to a statement in Kumari’s own petition and submitted that she had already availed maternity leave.
The high court took the state’s submission on record and found no reason to interfere with the authorities’ decision. Justice Chauhan subsequently dismissed the petition.
What does the Maternity Benefit Act say?
The Maternity Benefit Act, 1961, provides paid maternity leave and other protections for eligible women employees in India. An amendment in 2017 increased paid maternity leave from 12 weeks to 26 weeks for women having up to two surviving children.
For a woman with two or more surviving children, the Act provides 12 weeks of maternity leave. It also covers leave related to miscarriage and certain pregnancy-related medical conditions, besides providing protections around employment during maternity.
However, government employees may also be governed by separate service rules, which can determine their eligibility and the extent of maternity leave available to them.