Maternity leave under CCS(Leave) Rules Rule 43 granted for third biological child via purposive interpretation, limited to 12 weeks guided by Maternity Benefit Act, considering divorce, child disability, remarriage to widower.

JUDGMENT :

Jyotsna Rewal Dua, J.

Petitioner was blessed with her third biological child on 08.08.2025, first from her second marriage. Respondent-State has declined to accept petitioner’s prayer for granting her the benefit of maternity leave under rule 43 of Central Civil Service (Leave) [CCS(leave)] Rules 1972, hence, the grievance.

2 The case

2(i) Petitioner entered Government service as a regular Trained Graduate Teacher (Arts) in the year 2002. Her marriage was solemnized on 17.11.2005. Two children were born to her from this wedlock during the years 2007 and 2012. Her second child-a daughter is stated to be suffering from a nervous system disease. The maternity leave was availed and granted to the petitioner by the respondent-State under Rule 43 of the CCS (Leave) Rules on both the occasions. Petitioner’s marriage went into rough weather. Ex- parte decree of divorce was granted in her favour on the ground of desertion by the Court of competent jurisdiction on 01.06.2019. Petitioner solemnized second marriage on 16.03.2021 with one Sh. Surender Paul. It is the case pleaded by the petitioner that said Sh. Surender Paul was earlier married to one Smt. Suman Kumari and out of said wedlock, one male child Master Divyansh Thakur was born, but unfortunately, both Smt. Suman Kumari and Divyansh Thakur died in a road accident on 04.02.2020.

2(ii) Out of her second wedlock, the petitioner gave birth to her third biological child on 08.08.2025. The same day, petitioner applied for grant of maternity leave. It was rejected by respondents on 13.08.2025 citing there being no provision for maternity leave for the birth of third child under the Maternity Benefit Act, 1961.

Though the request of the petitioner for grant of maternity leave has been turned down citing Maternity Benefit Act 1961, however, both the sides are ad-idem that words Maternity Benefit Act is a typographical error and the same be read as Rule 43 of CCS (Leave) Rules. The case has been heard accordingly.

3. Heard learned counsel for the parties and considered the case file.

In order to avoid repetition, the submissions made by learned counsel on both sides and the discussion thereupon has been enumerated hereinafter.

4 Consideration .

It is an acknowledged position that being a regular government employee, petitioner is governed by the CCS (Leave) Rules. Rule 43 of Chapter V of these Rules provides for maternity leave:-

“43. Maternity Leave:

(1) 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.

(2) During such period, she shall be paid leave salary equal to the pay drawn
immediately before proceeding on leave.

(3) Maternity leave not exceeding 45 days may also be granted to a female Government servant (irrespective of the number of surviving children) during the entire service of that female Government in case of miscarriage including abortion on production of medical certificate as laid down in Rule 19:

Provided that the maternity leave granted and availed of before the commencement of the CCS (Leave) Amendment Rules, 1995, shall not be taken into account for the purpose of this sub-rule.

(4) (a) Maternity leave may be combined with leave of any other kind.

(b) Notwithstanding the requirement of production of medical certificate contained in sub-rule (1) of Rule 30 or sub-rule (1) of Rule 31, leave of the kind due and admissible (including commuted leave for a period not exceeding 60 days and leave not due) up to a maximum of two years may, if applied for, be granted in continuation of maternity leave granted under sub-rule (1).

(5) Maternity le