Grant govt employee maternal leave: Bombay HC

Mumbai: The Bombay high court has directed the Maharashtra government to provide six months’ maternity leave benefits to a state government employee, who was earlier denied the same by the state. The state had said, while denying her the leave benefits, that she did not fit the criteria of being a government employee as her appointment was for only five years at the Consumer Dispute Redressal Forum, Nashik.

The court, while passing the order, said, “In our opinion, having regard to the benevolent object of 180 days maternity leave to the woman employees cannot be and should be limited to the woman government servants of the state only as that would frustrate the principles enunciated by the Supreme Court cases.” The court also said that consumer district forums are constituted by the state and the petitioner is entitled to get maternity benefits.  A division bench of Justice Shantanu Kemkar and Justice Makarand Karnik was hearing a petition filed by Prerna Ramchandra Kalunkhe-Kulkarni.

According to the petition on June 2, 2014, Ms Kalunkhe-Kulkarni was appointed as a Member Class-A. The appointment was for a tenure of five years. After completion of 18 weeks of her pregnancy, she had submitted her request to grant maternity leave with the President of State Consumer Commission, Mumbai. She didn’t get any reply from the president therefore she approached the Bombay high court, saying she was entitled to leave.

The petitioner’s lawyer submitted that she has to be regarded as government employee and the said benefit cannot be denied to her on the ground that her appointment is for fixed tenure.

He also submitted that in order to protect the dignity of motherhood as well as the dignity of the child in womb, full and healthy maintenance of the petitioner and her unborn child must be provided.