Maternity Leave Of Doctor During Compulsory Service Should Be Counted As Part Of Bond Period: Madras High Court
The Madras Excessive Court docket has dominated that maternity go away availed by a physician whereas rendering obligatory service at Authorities Hospital ought to be counted in direction of their bond interval.
The bench of GR Swaminathan and Justice Okay Rajasekar famous that maternity go away is integral to maternity profit and types a part of Article 21. The court docket thus held that the physician, although was not within the service of the federal government as an everyday worker, could be entitled to the identical therapy as any authorities worker.
“Maternity go away is integral to maternity profit and types a side of Article 21. The appellant little doubt is not a authorities worker. She is simply obliged to render bond service to the Authorities of Tamil Nadu for a interval of two years. However an everyday State authorities worker is entitled to avail maternity go away for twelve months as per the amended Service Guidelines. We’re of the view that the appellant can be entitled to the exact same therapy relevant to any authorities worker. The undeniable fact that the appellant was solely within the service of the federal government with out being an everyday worker is irrelevant. When the basic proper of the appellant is concerned, she is entitled to the protecting umbrella of not solely Article 21 but additionally Article 14,” the court docket mentioned.
The court docket was listening to an attraction filed by Dr Krithikaa, who was appointed as Assistant Surgeon at Thittakudi Authorities Hospital in 2019, after her PG. Krithikaa had accomplished her PG in MS (Common Surgical procedure) at Thanjavur Medical School and as per the prospectus, the candidate was to signal a bond for sum of Rs. 40 Lakh with an endeavor that she would serve the Authorities of Tamil Nadu for a interval not lower than two years. As per the bond, she had additionally submitted her unique certificates.
In 2019, Krithikaa reported for obligation and served within the hospital for 12 months, following which she took maternity go away for her being pregnant. The respondents later declined to return her unique certificates, claiming that she had not accomplished the bond interval.
Krithikaa filed a writ petition, however the identical was dismissed holding that she had solely labored for 12 months of the bond interval.
The court docket went on to debate the authorized precedents, highlighting the significance of reproductive rights and maternity go away, and famous that the circumstances of the prospectus would give manner to the rights conferred underneath the Maternity Advantages Act.
“As per the circumstances set out within the prospectus, the appellant has to serve the Authorities of Tamil Nadu in one among their hospitals for a interval of two years. This situation has to offer option to the rights conferred on the ladies underneath the provisions of the Maternity Profit Act, 1961. That is all of the extra so as a result of the Hon’ble Supreme Court docket had declared that any lady has a basic proper to the advantages arising out of her scenario of maternity,” the court docket mentioned.
The court docket thus held that the interval of maternity go away ought to be included within the bond interval and directed the respondent authorities to return the unique certificates inside a interval of 4 weeks.
Counsel for Petitioner: Mr. U. Venkatesh
Counsel for Respondents: Mr. C. Venkatesh Kumar, Further Authorities Pleader, Mr. A. S. Vaigunth, Standing counsel
Case Title: Dr.E.Krithikaa v. The State of Tamil Nadu and Others
Quotation: 2025 LiveLaw (Mad) 221
Case No: W.A.(MD)No.860 of 2023
