Allahabad HC: A Woman Is Entitled To Maternity Leave Even After Birth Of Her Child Under The 1961 Act

Recently, the Allahabad High Court ruled that women are entitled to maternity benefits under the provisions of the Maternity Benefit Act of 1961, even after the birth of their child. In the case of legal adoption of a child under three months of age, the benefit can be extended as well. The judgment was given by Single-Judge Justice Ashutosh Srivastava.

The case was brought before the Court by Saroj Kumari, who had requested a writ of certiorari against an order issued by the District Basic Shiksha Adhikari in Etah. The order denied Kumari maternity leave after the birth of her child and suggested that she apply for childcare leave instead.

A headmistress of a primary school in Heerapur, Etah district was subject to service conditions governed by the Uttar Pradesh Basic Education (Teachers) Service Rules, 1981. After giving birth to a girl child on October 15, 2022, the petitioner immediately applied for maternity leave for 180 days from October 18, 2022, until April 15, 2023. However, the application was rejected on the basis of incomplete annexures. The petitioner submitted a new application on October 30, 2022, in the required format, but it was rejected again by the District Basic Education Officer, Etah. The reason given was that the petitioner was not entitled to maternity leave after childbirth, but was only eligible for childcare leave.

Dissatisfied with the decision, the petitioner approached the High Court. The petitioner argued that childcare leave is separate from maternity benefits and serves a different purpose. Therefore, denying the petitioner maternity leave and insisting on childcare leave was unjustified. Furthermore, the respondents stopped the petitioner's salary for November and December 2022.

The respondents, however, supported the decision to reject the petitioner's maternity leave application and argued that it was sound and had no flaws.

The Court held that a woman is entitled to maternity leave even after the birth of her child under the 1961 Act. However, the Court cautioned that the leave may not be granted for the entire 180 days or 26 weeks. The District Basic Education Officer's order was set aside and they were directed to release arrears of salary and pay monthly salary to the petitioner. The officer was also ordered to pass fresh orders, keeping in mind the provisions of the Act.