The Central Administrative Tribunal (CAT) in Srinagar has upheld the right of a government employee to maternity leave, for a third time. The Court emphasised that maternity leave is an entitlement that applies regardless of whether the expected child would be her third, considering the distinctive circumstances related to her previous employment status.
The decision comes in response to a plea by a teacher from the School Education Department (SED) who was initially denied maternity leave. The authorities had contended that maternity leave was only permissible for the first two children of a female government employee.
The teacher’s counsel argued that the denial was unjustified, pointing out that when the teacher gave birth to her first child, she was not yet employed with the department. Therefore, she should not be disqualified from maternity leave for her third child on this basis.
Citing a precedent set by the High Court of Madras in a similar case involving Khadija Umama versus the District Education Officer, where maternity leave was granted under comparable circumstances, the counsel emphasised that eligibility for maternity leave should not be restricted based on when the employee joined public service.
The tribunal’s ruling directs the concerned authorities to reconsider the teacher’s request for maternity leave in accordance with the principles laid down by the Madras High Court. It mandates that the authorities must issue a decision within three weeks of receiving the tribunal’s judgment and the teacher’s petition.
The tribunal concluded by affirming that every female employee has the right to maternity leave, irrespective of the number of children, underlining that denying this benefit contradicts the fundamental rights associated with motherhood.
