In a writ petition filed before the Chhattisgarh High Court seeking a direction upon the respondent authorities to consider her representations and to grant her all monetary benefits admissible during her maternity leave, a Single Judge Bench of Justice Bibhu Datta Guru directed respondent authorities to decide the petitioner’s claim for unpaid salary appropriately as she was entitled to maternity leave.
Additionally, the petitioner also sought quashing of Clause 11.2 of the circular dated 17-07-2026 and a direction to the respondent authorities to issue a revised circular extending maternity leave benefits to guest lecturers. The 34-year-old petitioner worked as a guest lecturer at Government Gundadhur P.G. College, Kondagaon (college), and had been working there since 16-08-2024. After availing maternity leave, she rejoined her duties on 19-08-2026.
The petitioner contended that the respondent authorities had failed to release monetary benefits that she was entitled to under Section 5 of the Maternity Benefit Act, 1961 (Act), despite representations dated 29-05-2026 and 05-08-2026. The State submitted that since the petitioner was not a regular employee, she could not claim benefits under the Act and was not entitled to any monetary benefit.
The Court held that a woman employee, at the time of advanced pregnancy, could not be compelled to undertake hard labour, as it would be detrimental to her health and the health of the foetus. It found nothing in the Act which entitled only regular women employees to the benefit of maternity leave and not those engaged on casual basis, on muster roll on daily wage basis, or as guest. The Court stated that the Act was enacted to secure women’s right to pregnancy, maternity leave, and to afford women as much flexibility as possible to live an autonomous life, both as a mother and as a worker.
Noting the claim that even though the petitioner was appointed as a guest lecturer, she was performing same duties and responsibilities undertaken by a regular lecturer, the Court stated that the respondent authorities were not justified in holding that the petitioner, who was working as a guest lecturer was not entitled to monetary benefit. Referring to Dr. Kavita Yadav vs. Secretary, Ministry of Health and Family Welfare Department and others (2024) 1 SCC 421, the Court held that once the petitioner was granted maternity leave, the respondents were under obligation to release her salary forthwith for the period that she was on maternity leave.
Accordingly, the Court directed the respondents to take an appropriate decision in accordance with rules and guidelines, as the petitioner was entitled to maternity leave, and to pass appropriate orders on her claim for unpaid salary for the period of maternity leave within three months.
