Against state govt rule, Uttarakhand HC grants maternity leave for third child
6 years, 5 months ago

Against state govt rule, Uttarakhand HC grants maternity leave for third child

Hindustan Times  

Uttarakhand High Court has struck down a state government rule denying leave to women employees for the birth of their third child as “unconstitutional” and said it was against the “letter and spirit” of the Constitution that calls for “just and humane conditions of work and maternity relief”. Section 27 of the Act, 1961 does not prohibit, in any manner, to grant of maternity leave to a female government servant, who has already two children at the time of submission of an application for maternity leave, after giving birth to a third child,” the single bench of Justice Rajiv Sharma ruled. He said the Punjab and Haryana High Court held that the act does not restrict the benefit of maternity leave beyond the birth of two children, adding that “such a restriction imposed under the rules is contrary to Section 27 of the Act and cannot sustain in the eyes of law”. And all women who were being denied the maternity leave for their third child will now get leave benefit,” Masih’s lawyer Sanpreet Singh Ajmani said.

High Court Child Sharma Leave Act Third Child Masih Maternity Maternity Leave Uttarakhand Hc Section 27 Govt Rule  women  weeks  uttarakhand  hc  act  govt  rule  maternity  state  leave  grants  high  court  benefit  child

History of this topic

SC seeks reasons for denying maternity leave to woman if adopted child aged above 3-month
2 months ago

SC seeks reasons for denying maternity leave to woman if adopted child aged above 3-month

Deccan Chronicle  

New Delhi: The Supreme Court has asked the Centre to explain the rationale behind a provision which entitles only those women, who adopt a child below the age of three months, to seek maternity leave benefits. The apex court was hearing a plea challenging the constitutional validity of a provision of the Maternity Benefit Act, 1961 which entitles only those …

Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court
8 months, 1 week ago

Dismissal Of Woman During Her Absence From Employment Or Pregnancy Has To Be Dealt By Prescribed Authority Under Maternity Benefit Act: Madhya Pradesh High Court

Live Law  

The Madhya Pradesh High Court single bench of Justice Subodh Abhyankar held that dismissal of a woman during her absence from employment or pregnancy has to be dealt by the prescribed authority only, before whom, an efficacious alternative remedy, by way of an appeal, as provided under the Maternity Benefit Act, 1961 lies. In considering the legality of dismissing a …

Maternity Benefit Act Not Applicable To TN Govt Servants, No Leave For 3rd Child Even If First Two Children Born Before Joining Service: Madras HC
1 year, 4 months ago

Maternity Benefit Act Not Applicable To TN Govt Servants, No Leave For 3rd Child Even If First Two Children Born Before Joining Service: Madras HC

Live Law  

In a pertinent judgment, the Madras High Court has ruled that government servants working in the State are governed by the Tamil Nadu Government Fundamental Rules and not the Maternity Benefits Act 1961. When the state policy and fundamental rules restrict the maternity leave for 3rd child, this Court is of the view, as the matter of right the Petitioner …

Pregnant Working Women Entitled To Maternity Benefits, Can’t Be Barred Solely Due To Nature Of Employment: Delhi High Court
1 year, 4 months ago

Pregnant Working Women Entitled To Maternity Benefits, Can’t Be Barred Solely Due To Nature Of Employment: Delhi High Court

Live Law  

The Delhi High Court has observed that pregnant working women are entitled to maternity benefits and cannot be denied reliefs under the Maternity Benefit Act, 2017, solely due to the nature of their employment. “There is nothing in the language of the Act or in its provisions which suggests that a working expecting woman would be barred from getting the …

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court
1 year, 6 months ago

Maternity Leave Is A Fundamental Human Right; Its Denial Violate Articles 29, 39 Of Constitution : Himachal Pradesh High Court

Live Law  

Maternity leave aims to protect the dignity of motherhood and ensure the well-being of both the woman and her child, a bench of Justices Tarlok Singh Chauhan and Virender Singh remarked. The Himachal Pradesh High Court has reiterated that every woman, irrespective of her employment status, is entitled to maternity leave. Administrative Tribunal whereby the respondent had been granted the …

Discrimination between biological & adoptive mothers: SC agrees to examine the law
1 year, 8 months ago

Discrimination between biological & adoptive mothers: SC agrees to examine the law

India Today  

For Karnataka-based Hamsaanandini Nanduri, an adoptive mother since 2017, bringing up her two young children was an uphill task because of the discriminatory provisions under the Maternity Benefit Act. WHAT DOES THE ACT SAY The Maternity Benefit Act, 1961, as of date, grants maternity leave of 12 weeks only for adoptive mothers who have adopted a child that is less …

Maternity Leave Under CCS Rules Can't Be Denied Because Woman's Husband Has Two Children From His Previous Marriage : Supreme Court
2 years, 4 months ago

Maternity Leave Under CCS Rules Can't Be Denied Because Woman's Husband Has Two Children From His Previous Marriage : Supreme Court

Live Law  

The Supreme Court, on Tuesday, held that a woman cannot be declined maternity leave under the Central Services 1972 with respect to her biological child on the ground that her spouse has two children from his earlier marriage. In this case, the woman's husband had two children from his previous marriage and she had previously availed child care leave for …

Karnataka High Court Allows Maternity Leave To Senior Resident Doctor Employed On Contract Basis
3 years, 4 months ago

Karnataka High Court Allows Maternity Leave To Senior Resident Doctor Employed On Contract Basis

Live Law  

The Karnataka High Court recently quashed an order passed by the Joint Director, ESIC Medical College and Hospital, Kalaburagi, denying maternity leave to a doctor employed with it on contract basis. Relying on the office memorandum issued on January 1, 2018, she approached the court challenging denial of maternity leave by the Joint Director. The court noted, "A reading of …

Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service
3 years, 5 months ago

Rajasthan High Court Upholds Single Judge Decision Granting Maternity Leave To Woman Who Gave Birth Prior To Joining Service

Live Law  

Upholding the decision of the Single Judge, a Division Bench of the Rajasthan High Court has affirmed that a female government servant was entitled to avail maternity leave if she joins within the period of confinement i.e. A Division Bench of Justices Vinit Kumar Mathur and Indrajit Mahanty rejected the argument of Additional Advocate General Pankaj Sharma that the respondent-mother …

MP: HC Grants Maternity Leave Benefit to Contractual Woman Employee of State Department
3 years, 5 months ago

MP: HC Grants Maternity Leave Benefit to Contractual Woman Employee of State Department

News 18  

The Madhya Pradesh High Court has directed the public health engineering department of the state to provide maternity leave benefit to a contractual woman employee. In its order passed on Thursday, a single bench of Justice Vishal Dhagat said, “In view of the circular of the state government, I do not see any reason not to extend the similar benefit …

'Motherhood & Career': Kerala High Court Reinstates Woman Fired For Availing Maternity Leave
3 years, 5 months ago

'Motherhood & Career': Kerala High Court Reinstates Woman Fired For Availing Maternity Leave

Live Law  

While dealing with a plea where maternity leave was denied to a woman, the Kerala High Court deprecated the State for terminating her service as the counsellor at the Women and Child Development Department and set aside the order of termination. Justice Devan Ramachandran while pronouncing the judgment observed that "only a woman knows how acutely difficult it is to …

Maternity Benefits Cannot Be Denied To Contractual Employee : Karnataka High Court Directs Reinstatement Of Mother
3 years, 10 months ago

Maternity Benefits Cannot Be Denied To Contractual Employee : Karnataka High Court Directs Reinstatement Of Mother

Live Law  

The Karnataka High Court recently quashed a notice issued by the Directorate of Municipal Administration by which it terminated the services of a woman employed on contract basis, after rejecting her application seeking maternity leave. The Court noted that after the 2017 amendment to the Maternity Benefit Act, a pregnant woman is entitled to maternity leave for a period 26 …

Even If Child Is Born Prior To Joining Govt. Service, The Servant Is Entitled To Maternity Leave: Rajasthan High Court
4 years, 1 month ago

Even If Child Is Born Prior To Joining Govt. Service, The Servant Is Entitled To Maternity Leave: Rajasthan High Court

Live Law  

The Bench of Justice Dinesh Mehta specifically ruled, "A female Government servant is entitled to avail maternity leave, if she joins within the period of confinement, i.e. It may be noted that the Court was dealing with Rule 103 of the Rajasthan Service Rules, which governs the grant of maternity leave to female government servants. The Court also said that …

Denial Of Child Care Leave To A Govt Contractual Employee In Effect A Denial Of Rights Of Child : Uttarakhand HC (FB)
4 years, 5 months ago

Denial Of Child Care Leave To A Govt Contractual Employee In Effect A Denial Of Rights Of Child : Uttarakhand HC (FB)

Live Law  

The Full Bench of the Uttarakhand High Court has held that even a person employed on contractual basis is entitled for Child Care Leave. However, the bench has added a rider that such an employee can be granted paid CCL for 31 days, on the same terms and principles as "earned leave", as is given to other employees in terms …

U’Khand HC Denies Maternity Leave to Govt Employees for 3rd Child
5 years, 3 months ago

U’Khand HC Denies Maternity Leave to Govt Employees for 3rd Child

The Quint  

The single bench order had been delivered on a PIL filed by Haldwani-based nurse Urmila Masih challenging a government rule not to provide maternity leave to women in case of a third child. Citing the rules of the Act, Masih had said that the government's rule to not provide maternity benefits in case of a third child violates Article 42 …

Woman Employee Entitled To Claim Maternity Leave For Period Of 6 Months: Allahabad HC
5 years, 8 months ago

Woman Employee Entitled To Claim Maternity Leave For Period Of 6 Months: Allahabad HC

Live Law  

Allahabad High Court held that a woman employee was entitled to maternity leave for a full period of six months as against only three months she was granted by the respondent District Basic Education officer, Bijnor and directed latter to provide the petitioner woman employee maternity leave with honorarium with effect from 30.12.2018 to 31.3.2019 as was prayed by her. …

Uttarakhand HC Strikes Down Rule Denying Maternity Leave For Third Child As Unconstitutional [Read Order]
6 years, 5 months ago

Uttarakhand HC Strikes Down Rule Denying Maternity Leave For Third Child As Unconstitutional [Read Order]

Live Law  

The Uttarakhand High Court on Monday struck down as unconstitutional a State rule denying maternity leave to female government employees for their third child.The order was issued by Justice Rajiv Sharma on a petition filed by one Ms. Urmla Masih, challenging the second proviso to Fundamental Rule 153 of the Financial Hand Book of the U.P. The Uttarakhand High Court …

Discover Related