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

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 surviving children born from his previous marriage in respect of who she had earlier availed child care leave. Issuing notice on the SLP, the bench proceeded to record in its order, "The petitioner submits that she has been denied the benefit of maternity leave under Rule 43 of the Central Civil Services Rules 1972 on the ground that her spouse had two surviving children born from an earlier marriage. Moreover, the SLP poses for the consideration of the Court whether the Maternity Leave sought by the petitioner is in contradiction of Rule 5 of The Maternity Benefit Act, 1961 whereby the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery. "The High Court has completely ignored that addition of name of step children in service documents merely on the application and seeking child care leave on two occasions for the same children cannot be treated as barrier to the Maternity Leave for biological child of the petitioner under Rule 43 of the CCS Rules 1972 and Maternity Benefit Act", it is submitted.