The Himachal Pradesh High Court has ruled that maternity leave under Rule 43(1) of the Central Civil Services (Leave) Rules, 1972, cannot be denied to a female government servant in respect of a third child, if the first two children were born prior to her entry into government service.
Justice Sandeep Sharma, while allowing a writ petition filed by a Staff Nurse, observed:
“The petitioner herein had given birth to two children prior to her induction into service, but her prayer for maternity leave, though related to the third child born during service, was being made for the first time. If that is so, the prayer made on her behalf for grant of maternity leave deserves to be allowed.”
The petitioner was appointed as a Staff Nurse in 2019 at Civil Hospital, Paonta Sahib. Before joining government service, she had already given birth to two children. In March 2025, during her tenure in service, she gave birth to a third child and subsequently applied for maternity leave.
Her application, however, was rejected on the grounds that Rule 43(1) of the CCS (Leave) Rules, 1972, permits maternity leave only to female government servants with “less than two surviving children.”
Examining the scope and intent of Rule 43(1), the Court held that the limitation of “less than two surviving children” applies only in relation to children born during government service, not prior to it. As such, since the petitioner’s first two children were born before her government appointment, the child born in March 2025 was the first born during service, making her eligible for maternity leave under the rule.
Rule 43(1) of the CCS (Leave) Rules, 1972 provides:
“A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.”
The High Court also cited the Supreme Court’s decision in K. Umadevi v. Government of Tamil Nadu & Ors. (2025), which reaffirmed that the purpose of maternity leave is to protect and support working women during pre-natal and post-natal phases. The apex court emphasized that such protection ensures women can experience motherhood without fear of penal consequences due to their absence from work.
Allowing the writ petition, the High Court directed the Senior Medical Officer, Civil Hospital, Paonta Sahib, to grant maternity leave to the petitioner in accordance with Rule 43(1) of the CCS (Leave) Rules, 1972.
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