Back
IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
JYOTSNA REWAL DUA
Anuradha Sharma – Appellant
Versus
State of H.P. – Respondent
| Table of Content |
|---|
| 1. petitioner's family history: third biological child after remarriage, prior children affected by divorce and illness. (Para 1 , 2 , 3) |
| 2. ccs rule 43 limits maternity leave to less than two surviving children; parties contend on entitlement. (Para 5) |
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 desert
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 disabil....
The main legal point established in the judgment is the entitlement of a female government servant to maternity leave under Rule 43 of the Central Civil Services (Leave) Rules 1972, emphasizing a pur....
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
The refusal of maternity leave based on Rule 3 of Appendix XIIA was legally and factually faulty, and the Kerala Service Rules provide a liberalized legal machinery to protect the rights of pregnant ....
The court established that maternity leave regulations should be interpreted liberally to support women's rights, emphasizing that eligibility criteria should consider only children born during the s....
Entitlement to maternity leave for the birth of the third child despite having three children, based on the interpretation of G.O.Ms.No.237 and Fundamental Rules.
Statutory CCSL Rule 43-C prevails over institute circulars restricting CCL; promotes child care, cannot be denied arbitrarily citing staff shortages.
Maternity leave is a reproductive right under Article 21 of the Constitution, and restrictive state policies must not obstruct such entitlements, as aligned with international standards.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
