Maternity Leave Can Be Granted For Third Child Under CCS Rules If First Two Born Before Joining Service: Himachal Pradesh High Court
The Himachal Pradesh High Court observed that female government employees are entitled to maternity leave for the third child under the Central Civil Services (Leave) Rules, 1972, if the first two were born before joining service.
The Petitioner was a Staff Nurse at Civil Hospital, Paonta Sahib, and she was aggrieved by the rejection of her maternity leave on the ground that at the time of delivery of child, the petitioner had two surviving children.
The Bench of Justice Sandeep Sharma observed, “In the case at hand, petitioner herein had given birth to two children prior to her induction in service but her prayer to grant her maternity leave, though may be qua third child of her during service, came to be made for first time. If it is so, prayer made on her behalf for grant of maternity leave deserves to be allowed, especially in view of law laid down by Hon’ble Apex Court in K. Umadevi (supra), wherein judgment passed by Delhi High Court in Writ Petition (Civil) No.9270/2024, titled as Commissioner of Police Vs. Raveena Yadav, decided on 22.07.2024, has been taken note of, whereby it has specifically explained the purpose of maternity benefit. Hon’ble Apex Court has categorically held that very purpose of maternity leave is to ensure that a working lady may overcome the state of motherhood honourably, peaceably and undeterred by the fear of being victimized for forced absence from work during pre and post natal periods.”
Advocate Karan Kapoor represented the Petitioner, while Advocate rajan kahol represented the Respondents.
Case Brief
The Petitioner gave birth to two children after her marriage, later, she was selected as Staff Nurse on batch-wise basis in 2019. She delivered her third child in March, 2025 and moved an application for grant of maternity leave.
However, her application was rejected on the ground that at the time of delivery of the child, the petitioner had two surviving children and as per Rule 43(1) of CCS(Leave) Rules, 1972, maternity leave is provided only to female government servant with less than two surviving children for a period of 180 days .
Court’s Analysis
The issue before the Court was whether a female Government employee, who joins Government service after 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) of CCS (Leave) Rules, 1972 or not.
The Court discussed the object of maternity leave and relied on various judgments and observed that the Petitioner was entitled to the maternity leave.
“Concept of 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”, the Court said.
Accordingly, the Petition was disposed of.
Cause Title: Archana Sharma V. State of H.P & Ors. (Neutral Citation:2025:HHC:25189)
Appearance:
Petitioner: Advocate Karan Kapoor
Respondent: Rajan Kahol, Vishal Panwar and B.C. Verma, Additional Advocates General, with Mr. Ravi Chauhan, Deputy Advocate General, for State