Maternity Leave Cannot Be Denied If First Two Children Were Born Before Joining Government Service

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 government employee just because she gives birth to a third child, if the first two children were born before she joined government service.

The petitioner in this case is a Staff Nurse who joined government service in 2019 at Civil Hospital, Paonta Sahib. Before joining the job, she had already given birth to two children. In March 2025, while in service, she gave birth to her third child and applied for maternity leave.

However, her leave request was rejected by the authorities. They said that as per Rule 43(1) of the CCS (Leave) Rules, 1972), maternity leave can only be granted to female government employees who have less than two surviving children. Aggrieved by this decision, she approached the High Court by filing a writ petition.

Rule 43(1) states that:

“A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by a competent authority for a period of 180 days.”

Justice Sandeep Sharma of the High Court took a practical and compassionate view of the matter. He pointed out that:

• The first two children were born before the petitioner joined government service.
• The third child, for which she applied for maternity leave, is the first child born during her service.
• Therefore, the request for maternity leave was being made for the first time during her employment, and it should be allowed.

The Court emphasized that Rule 43(1) should be understood in the context of children born during service, and not just based on the total number of children.

The High Court also referred to a 2025 Supreme Court judgment in K. Umadevi v. Government of Tamil Nadu, which stated that:

“The purpose of maternity leave is to ensure that a working woman can experience motherhood with dignity and without the fear of losing her job due to absence during pre- and post-natal periods.”

The High Court allowed the petition and directed the Senior Medical Officer to grant maternity leave to the petitioner as per Rule 43(1) of the CCS (Leave) Rules, 1972.

Why This Judgment Matters

This judgment is important because it clarifies that:

• The restriction of “two surviving children” in Rule 43(1) only applies to children born during the service period, not before.
• Denying maternity leave in such cases is unjust and against the spirit of the law, which is meant to support women during motherhood.

It sets a strong precedent in favor of women’s rights, especially those working in the government sector.

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