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IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CWP No. 14883 of 2025.

Decided on : 3 ^rd August , 2026.

Dr. Juhi Manhas ...Petitioner.

Versus o State of H.P. & Ors. ....Respondents.

Coram:

The Hon’ble Mr. Justice Ajay Mohan Goel, Judge.

Whether approved for reporting?¹ Yes.

For the Petitioner: Mr. Ajay Sharma, Senior Advocate with Mr. Tarun Bragta, Advocate.

For the respondents: Mr. Raj Pal Thakur, Additional Advocate General.

Ajay Mohan Goel, Judge (Oral).

By way of present petition, the petitioner has, inter alia, prayed for following reliefs:-

“(i) That the impugned communications Annexure P-22 dated 31.7.2025 and Annexure P-23 dated 22.8.2023, being in violation of CCS (Leave) Rules, particularly Rule 43, may very kindly be quashed and set aside with directions to the respondents to immediately and forthwith grant/sanction the maternity leave to the petitioner and so also commuted and earned leave as has been prayed by the petitioner by filing submitting application on prescribed proforma vide Annexures P-6 and P-18.

1 Whether reporters of the local papers may be allowed to see the judgment?

(ii) That directions may be issued to the respondents to release illegally withheld salary of the petitioner of two months, i.e. July and August, 2021 and 08 days of September, 2021 as the same has not been released till date dispite issuance of order dated 2.7.2024, Annexure P-18 and the same may be ordered to be paid to the petitioner along with interest @9% p.a.”

2. The moot issue is as to whether a commissioning mother is entitled for maternity leave and other leave benefits which flow from CCS (Leave) Rules, 1972 in the State of Himachal Pradesh or nhot?

g3. Brief facts necessary for the adjudication of this petition are that the petitioner herein availed maternity leave in terms of Annexure P-6, from 17/9/2020 to 15/3/2021 (180 days maternity leave) and thereafter, from 16/3/2021 to 8/9/2021 (177 days leave i.e. 60 days as commuted leave and 117 days as earned leave) as a commissioning mother and vide Annexure P-15, she again availed maternity leave from 27/9/2022 for second child. Her grievance is that in terms of impugned Annexure P-22, dated 31/7/2025 and Annexure P-23, dated 22.08.2023, the respondent department has refused to grant maternity leave to her on adoption of surrogacy procedure, on the ground that the depfartment has not adopted Notification of the DoPT dated 18/6/2024.

4. Learned Senior Counsel for the petitioner submitted that Chapter V of the CCS (uLeave) Rules deals with special kinds of leave other than study leave. He submitted that Rule 43 thereof deals with maternity leave and the same, inter alia, provides that a female Government servant 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. He submitted that vide DoPT Notification dated 18/6/2024, an amendment was carried out in these CCS (Leave) Rules by incorporating sub-rule (6) in Rule 43, which provides that in case of surrogacy, the surrogate as well as commissioning mother, with less than two surviving children may be granted maternity leave of 180 days, in case either or both of them are government servants. Thereafter, learned Senior Counsel referred to sub-rule (4) of Rule 43 and submitted that in terms of sub-rule 43(4)(a), maternity leave may be combined with leave of any other kindf and in terms of Rule 43(4) (b), notwithstanding the requirement of production of medical certificate etc., leave of the kind due and admissible (including commuted leave for au period not exceeding 60 days and leave not due) up to a maximum of two years, may be applied for, be granted in continuation of maternity leave granted under sub-rule (1).

5. Learned Senior Counsel further submitted that it is apparent and evident from the said provisions that a female government servant who has less than two surviving children is en