Grant of maternity leave is to encourage women to join the workplace - SC

Case: Deepika Singh vs Central Administrative Tribunal and ors

Bench: A Bench of Justices DY Chandrachud and AS Bopanna

The Supreme Court ruled that a woman's right to take maternity leave cannot be revoked because she had previously taken childcare leave for her nonbiological children. Further, the maternity Benefit Act must be interpreted in accordance with the object and intent of the Central Civil Services Rules (CCS Rules) regarding maternal leave.

The SC Bench was hearing a case where a government employee, working as a nurse at the Postgraduate Institute of Medical Education and Research, Chandigarh (PGIMER), was denied maternity leave for her biological child as she had already taken such leaves for two of her other children. Those two children were the children of her husband's previous marriage.

The Central Administrative Tribunal and the Punjab & Haryana High Court dismissed her plea and thus, this led to the present appeal before the Top Court.

Counsel for the respondents argued that the restriction on maternity leave was intended to encourage smaller families.

Justice Chandrachud said that her plight of having kids from her husband's last marriage was not voluntary. Therefore, your argument does not apply.

The Bench made it clear that the grant of maternity leave is to encourage women to join the workplace. It, therefore, held that the appellant is entitled to maternity leave, and set aside the orders of the High Court and the Tribunal.