While asking the Athorities to grant the benefit of maternity leave salary to a Staff Nurse, the Chhattisgarh High Court has held that the salary for the period when the petitioner had gone to maternity leave cannot be denied on the ground that she was serving as a contractual employee.
The Petitioner approached the High Court seeking a direction to the official Respondents to pay the salary of maternity leave granted to her for the period of 4 months from March 17, 2024 to July 3, 2024.
The Single Bench of Justice Amitendra Kishore Prasad said, “… salary for the period when the petitioner had gone to maternity leave cannot be denied on the ground that she was serving as contractual employee. Further considering the case that once the petitioner was granted maternity leave, the respondents are under obligation to release the salary of the petitioner forthwith in respect of the period when she had gone for maternity leave.”
Advocate Shrikant Kaushik represented the Petitioner while Advocate General Prafull Bharat represented the State/Respondent.
Factual Background
The petitioner, currently working as a Staff Nurse at the District Hospital, Kabirdham, had applied for maternity leave from January 16, 2024, to July 16, 2024, due to her pregnancy. The same was duly sanctioned by the competent authority. The petitioner gave birth to a girl on January 21, 2024. Upon the completion of her maternity leave, she resumed her duties on July 14, 2024.
After rejoining, the petitioner submitted a request for the release of her salary for the period of maternity leave. However, the said salary was not disbursed, because of which the petitioner and her minor child were facing severe financial hardship. The petitioner also filed an application before the Chief Health and Medical Officer, Kabirdham (Respondent No.3), seeking necessary action regarding the pending salary. However, despite her request, no action has been taken.
Reasoning
Referring to the Judgments in Dr. Kavita Yadav vs. Secretary, Ministry of Health and Family Welfare Department and others (2024) and Devshree Bandhe vs. Chhattisgarh State Power Holding Company Limited and others, the Bench held that maternity leave salary cannot be denied on the ground that she was serving as a contractual employee.
“The right of a new mother and newly born child cannot be curtailed on the whims and capricious of the officer. The dignity of women at carse and the right to life of a newly born child is an important aspect, which cannot be deviated”, it said.
The Bench directed the Respondents to take an appropriate decision following rules and guidelines as the petitioner was entitled to maternity leave as provided in Rule 38 of the Chhattisgarh Civil Service Leave Rules, 2010.