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 was not a Government Servant at the time of delivery of the child, and therefore, would not be covered under Rule 103 of the Rajasthan Service Rules, 1951. Background The present petition was filed assailing the order of the Single Judge whereby it held that a female government servant is entitled to avail maternity leave if she joins within the period of confinement. As per Rule 103 of the 1951 Rules, he submitted that a female government servant is entitled to maternity leave only if she is in service.

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History of this topic

Pension Calculation Is Governed By Rules In Force When Employee Joined Service; Can't Retrospectively Apply New Rules: Rajasthan HC
2 weeks, 5 days ago

Pension Calculation Is Governed By Rules In Force When Employee Joined Service; Can't Retrospectively Apply New Rules: Rajasthan HC

Live Law  

Rajasthan High Court, Jaipur Bench: A Division Bench of Justices Manindra Mohan Shrivastava and Ashutosh Kumar upheld a single-judge decision that allowed a government employee to include his territorial army service in pension calculations. The Court ruled that pension rules introduced in 1996 could not retrospectively be applied to those who joined under the Rajasthan Service Rules, 1951. Arguments The …

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 …

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC
2 months, 1 week ago

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC

Live Law  

Rajasthan High Court granted relief to the petitioner serving as a clerk in the office of the District and Sessions Judge whose application for extra-ordinary leave of two years for pursuing B.Ed. The bench of Justice Arun Monga relied upon an earlier case to affirm that even though leave could not be sought as a matter of right, but where …

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC
2 months, 1 week ago

[Rajasthan Service Rules] Strong Reason Needed To Deny Extra-Ordinary Leave Of Employee Who Secured Admission In B. Ed. Course, Deposited Fees: HC

Live Law  

Rajasthan High Court granted relief to the petitioner serving as a clerk in the office of the District and Sessions Judge whose application for extra-ordinary leave of two years for pursuing B.Ed. The bench of Justice Arun Monga relied upon an earlier case to affirm that even though leave could not be sought as a matter of right, but where …

High Court Rules in Favor of Maternity Benefits for Contractual Employees
2 months, 3 weeks ago

High Court Rules in Favor of Maternity Benefits for Contractual Employees

Live Law  

The Madras High Court has ruled that the provisions of the Maternity Benefits Act would prevail over any contractual conditions set up by the employer to deny maternity benefits to a woman. The court held that the benefits of the Maternity Benefits Act would be applicable to contractual employees and the employer could not rely on the contract of employment …

Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities
5 months, 3 weeks ago

Re-Examine CCS Rule Denying Maternity Leave To Female Govt Servant Having More Than Two Children: Delhi High Court To Authorities

Live Law  

The Delhi High Court has said that it expects the government authorities to re-examine the sustainability of Rule 43 of the CCS Rules which denies maternity leave to a female government servant if she has more than two surviving children. Rule 43 of the CCS Rules, 1972, entitles a female government servant to maternity leave for a period of 180 …

Rule Disqualifying Candidate Having More Than 2 Children From Govt Job Doesn't Violate Constitution : Supreme Court
10 months, 2 weeks ago

Rule Disqualifying Candidate Having More Than 2 Children From Govt Job Doesn't Violate Constitution : Supreme Court

Live Law  

The Supreme Court upheld the decision of the Rajasthan Government to disqualify a candidate from applying to a police constable post for having more than two children.The Court held that Rule 24 of the Rajasthan Police Subordinate Service Rules, 1989, which provides that “no candidate shall be eligible for appointment to the service who has more than two children on …

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids
10 months, 2 weeks ago

Application for public posts: SC junks plea against Rajasthan rules for candidates with more than 2 kids

Hindustan Times  

The Supreme Court has dismissed a plea against the Rajasthan government’s 2001 regulations, which prevent a candidate from applying for a public position if he or she has more than two children. The bench pointed out that the 2003 decision held that the classification, which disqualified candidates for having more than two living children, was non-discriminatory and intra-vires the Constitution, …

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 …

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court
1 year, 11 months ago

Can't Deny Maternity Benefits On Technicalities, Woman Cannot Be Forced To Swing Between Motherhood And Employment: Madras High Court

Live Law  

While dismissing an appeal preferred by Tamil Nadu State Transport Corporation against a single judge order directing the organization to pay maternity benefits to a temporary employee, the Madras High Court recently held that welfare legislation like the Maternity Benefits Act cannot be denied merely on the basis of technicalities.welfare legislation and the benefits cannot be deprived on. While dismissing …

Can’t deny maternity benefits on technicality, Madras High Court tells govt. officials
2 years ago

Can’t deny maternity benefits on technicality, Madras High Court tells govt. officials

The Hindu  

The maternity benefit should not be denied to women by standing on mere technicalities and rigid interpretation of the rules, the Madras High Court has said. “In Hindu mythology, women, who respect elders and sacrifice their life for the welfare of the husband’s family, are portrayed as equal or even greater than men and are regarded as equivalent to God,” …

Ex-servicemen Quota: Marriage Cannot And Shall Not Change Status of Daughter, Says Karnataka HC
2 years ago

Ex-servicemen Quota: Marriage Cannot And Shall Not Change Status of Daughter, Says Karnataka HC

News 18  

The Karnataka High Court recently struck down the rider that excluded married daughters from the grant of a dependent identity card that is given to the ward of an ex-serviceman for their consideration under the ex-servicemen quota in government jobs. Tabling the judgement in a case where a married daughter of a serviceman who was “killed in action” had sought …

Haryana Cabinet Approves 2-Yr Child Care Leave For Single Male Government Employees
2 years ago

Haryana Cabinet Approves 2-Yr Child Care Leave For Single Male Government Employees

Live Law  

The Haryana Cabinet recently approved an amendment to the Haryana Civil Services Rules, 2016, as per which amended rules, child care leave of two years will now be available to be claimed by single male government employees as well. As per the new amendment rules, called the Haryana Civil Services Amendment Rules, 2022, a single male government employee, meaning thereby …

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 …

Rajasthan High Court Asks Woman Pressurized By Parents To Live With Child Marriage Partner To Approach Police For Security
2 years, 7 months ago

Rajasthan High Court Asks Woman Pressurized By Parents To Live With Child Marriage Partner To Approach Police For Security

Live Law  

The Rajasthan High Court has directed a woman, who was married off while a minor and now wishes to part her ways, to file a representation before the Superintendent of Police, Jodhpur for appropriate security. Notably, the woman has approached the court with the grievance that her parents are pressuring her to live with the person with whom her marriage …

Rajasthan High Court grants 15-day parole to make wife pregnant
2 years, 9 months ago

Rajasthan High Court grants 15-day parole to make wife pregnant

India Today  

The Jodhpur bench of the Rajasthan High Court has ordered the release of a man for 15 days on parole so that his wife can become mother. His wife had approached the high court to assert her “right of progeny” seeking her husband’s release. It said “the right of progeny can be performed by conjugal association, the same has an …

'No Discrimination Must Be Made Between Regularised And Non-Regularised Government Staff While Granting Maternity Leave': Madras High Court
3 years, 4 months ago

'No Discrimination Must Be Made Between Regularised And Non-Regularised Government Staff While Granting Maternity Leave': Madras High Court

Live Law  

The Madras High Court observed on Thursday that there cannot be any discrimination between regularised and non-regularised married women Government servants with regards to availing the benefits of maternity leave. The Court made the observation while issuing notice on a Public Interest Litigation moved by Advocate C Rajaguru seeking the Court's directions in order to ensure that the Public Health …

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 …

Can Maternity Leave Under CCS Rules Be Denied On Grounds That Woman Has 2 Step-Children?: Supreme Court To Consider
3 years, 6 months ago

Can Maternity Leave Under CCS Rules Be Denied On Grounds That Woman Has 2 Step-Children?: Supreme Court To Consider

Live Law  

The bench of Justices DY Chandrachud and M.R Shah was considering an SLP arising out of a decision of the Punjab and Haryana High Court which confirmed the view of the Central Administrative Tribunal denying the petitioner the benefit of maternity leave under Rule 43 of the Central Civil Services Rules 1972 on the ground that her spouse had two …

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 …

Allahabad High Court Reiterates That Married Daughters Are Eligible For Compassionate Appointment; No Amendment In Statute Book Required
4 years ago

Allahabad High Court Reiterates That Married Daughters Are Eligible For Compassionate Appointment; No Amendment In Statute Book Required

Live Law  

The Allahabad High Court has made it clear that marital status of a daughter alone cannot be the ground for rejecting her application for compassionate appointment in terms of the UP Recruitment of Dependants of Government Servants Dying in Harness Rules, 1974. Vimla Srivastava, striking down the word 'unmarried' in Rule 2 of the Rules, entitles a married daughter to …

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 …

Rajasthan HC's Judgment On Supremacy Of Woman's Autonomy In Matters Of Abortion
4 years, 6 months ago

Rajasthan HC's Judgment On Supremacy Of Woman's Autonomy In Matters Of Abortion

Live Law  

Article 21 of the Constitution of India guarantees to every person the Right to Life and Liberty. Last month, the Rajasthan High Court delivered a significant judgment on the importance of a woman's autonomy in matters of abortion, which is a welcome change. As per the Act, the grounds for abortion are limited to: Where continuance of pregnancy would cause …

Rajasthan HC Allows Termination Of Sex-Worker's Pregnancy, Deeming Her Akin To Victim Of Rape [Read Judgment]
4 years, 9 months ago

Rajasthan HC Allows Termination Of Sex-Worker's Pregnancy, Deeming Her Akin To Victim Of Rape [Read Judgment]

Live Law  

Treating her mental agony to be equal to that of a victim of rape, the Rajasthan High Court on Friday allowed the plea of a forced sex-worker to abort her foetus. Moreover, the Single Judge said, "If the child in womb is allowed to be born, his/her mental agony will be no less. He/she will always be reminded of petitioner's …

Now, mother, surrogate working with Chandigarh administration can take 26-week maternity leave
4 years, 10 months ago

Now, mother, surrogate working with Chandigarh administration can take 26-week maternity leave

Hindustan Times  

Women using surrogates to bear a child as well as the surrogates who are working with the UT administration will now be able to take maternity leave, it has been learnt. The UT decision comes in the wake of Punjab government notifying similar provisions in the state last month. An administration notification issued on February 13 states that women employees …

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 …

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]
5 years, 4 months ago

Rajasthan HC Rejects Plea Challenging Exclusion Of 'Married Daughters' From Availing Benefit Of Compassionate Appointment Scheme [Read Order]

Live Law  

The Rajasthan High Court rejected a challenge against exclusion of married daughters from availing the benefit of compassionate appointment under Rajasthan Compassionate Appointment of Dependents of Deceased Government Servant Rules,1996.One Kshama Devi, had challenged the validity of Rule 2 contending that the same to the extent it excludes from its purview married daughters,. The Rajasthan High Court rejected a challenge …

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. …

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, …

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