Jaipur, Oct 15 (IANS) The Rajasthan High Court has delivered a significant ruling on maternity leave, observing that it is not merely a period of absence from work but an important right that enables a mother to develop affection and a lasting emotional bond with her child.
Justice Anoop Kumar Dhand directed the authorities to grant a female government teacher the full 180 days of maternity leave, along with full salary and other service-related benefits.
The Court also clarified that the maternity leave period would not be treated as a break in service. The Court observed that the right to life guaranteed under Article 21 of the Constitution encompasses the right to motherhood and the right of every child to grow and develop fully.
It emphasised that maternity leave serves a broader social purpose by enabling women to care for their newborns during a crucial phase of motherhood and early childhood. The petitioner, Pooja Yadav, was working as a Grade-III, Level-I teacher at Mahatma Gandhi Government School (English Medium) in Siwana, Barmer.
During her pregnancy, she was granted maternity leave for 34 days, from September 1 to October 4, 2023. She gave birth to a child on September 27, 2023. Subsequently, Yadav was selected for a position at Mahatma Gandhi Government English Medium School in Pur, in the Kotputli-Behror block, and joined the new school on October 6, 2023. She later requested the authorities to grant her the full 180 days of maternity leave with effect from September 1, 2023. However, her request was not accepted, compelling her to seek childcare leave to ensure proper care and upbringing of her newborn.
While considering the matter, the High Court observed that maternity leave is essential for ensuring social justice for women. Both maternity and early childhood require special care and attention, and the purpose of such leave extends beyond addressing the mother’s medical needs. It also enables the development of affection, attachment, and emotional bonding between mother and child.
Referring to Rule 103 of the Rajasthan Service Rules, the Court noted that the rules provide for maternity leave for eligible female government employees with fewer than two living children.
Accordingly, the Court directed the authorities to extend the petitioner’s maternity leave to the full 180-day entitlement, with the corresponding salary and service benefits, without treating the period as a break in service.
In a separate ruling, the Rajasthan High Court allowed a petition filed by Rajaram Meena and five other candidates appointed through the 2013 Information Assistant recruitment process.
Justice Ganesh Ram Meena quashed the government’s order dated May 27, 2015, which had cancelled their appointments following an internal inquiry.
The petitioners had been selected and appointed after verification of their documents. However, their appointments were subsequently cancelled on the basis of an inquiry report that was not provided to them.
The Court found that withholding the report underlying the adverse action violated the principles of natural justice.
Observing that abruptly terminating employees who have served the government for several years can have serious consequences for their lives and careers, particularly when they have exceeded the prescribed age limit for other government jobs, the Court directed that the petitioners be treated as having continued in service from the dates of their initial appointments.
–IANS
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