Court quashes Rs 23.58 lakh penalty imposed on dentist for not completing bond period during maternity leave
Mumbai: The Bombay High Court has ruled that maternity leave is a fundamental right and cannot be treated as a break in service or used to penalise a woman for exercising her right to motherhood.
Allowing a writ petition filed by a dentist, a division bench comprising Justice Anil S. Kilor and Justice Raj D. Wakode set aside a penalty of Rs 23.58 lakh that had been imposed for allegedly not completing her bond period after she took maternity leave while serving as an Assistant Professor under the Social Responsibility Service Scheme.
Maternity Leave Linked to Fundamental Right Under Article 21
The court emphasised that maternity leave is a part of the fundamental right to life and dignity under Article 21 of the Constitution of India.
“Maternity leave is not a break in service and a bond cannot be used to penalise a woman for exercising her right to motherhood. No bond can override the right to maternity leave which is a facet of the fundamental right under Article 21,” the bench observed.
The court further stated that any contract, agreement or bond that penalises a woman for taking maternity leave would be inconsistent with Maternity Benefit Act, 1961.
Court Orders Refund of Penalty and Payment of Leave Salary
Quashing the penalty, the High Court directed authorities to refund the amount if already paid by the petitioner within four months from the date of the order. The court also directed that the petitioner be paid salary for the period she was on maternity leave.
Background of the Case
The petitioner had completed her BDS from The Tamil Nadu Dr. M.G.R. Medical University in 2018 and later completed her compulsory rotatory internship at Chettinad Dental College and Research Institute, Kanchipuram, from October 2018 to October 2019.
After qualifying the NEET-MDS, she completed her MDS in Conservative Dentistry and Endodontics in 2023.
Subsequently, the Directorate of Medical Education and Research issued a vacancy list on November 2, 2023, for allotment of MDS graduates under the Government Social Responsibility Service (bond service).
The petitioner was appointed as an Assistant Professor in Conservative Dentistry at Government Dental College and Hospital Nagpur for a bond period of 365 days from December 11, 2023, to December 10, 2024. She joined the post on December 13, 2023.
Maternity Leave During Bond Period
In March 2024, the doctor discovered that she was pregnant and applied for maternity leave from May 1 to September 30, 2024. She gave birth to a baby girl on June 17, 2024.
After the leave period, she requested the authorities to allow her to complete the remaining bond period. However, the authorities stated that the maternity leave period would not be counted toward the bond service and later imposed a penalty of Rs 23,58,403 for failing to complete the bond period.
An order issued on January 6, 2025 directed her to pay the penalty, following which she challenged the decision before the High Court.
Arguments Presented Before the Court
Counsel for the petitioner argued that maternity leave is a fundamental right and denying it violates a woman’s dignity and health. The lawyer emphasised that absence before and after childbirth is essential for the well-being of both the mother and the child.
On the other hand, the State argued that the Social Responsibility Service Scheme did not provide maternity leave during the bond period. Referring to a Government Resolution dated February 8, 2008, it contended that a penalty must be imposed if the bond period is not completed.
The State also argued that the Maternity Benefit Act, 1961 was not applicable in this case and claimed that the doctor had not disclosed her pregnancy at the time of joining.
Court Highlights Importance of Motherhood and Child Care
While analysing the issue, the court observed that pregnancy and childbirth require medical care and recovery time and that adequate maternity leave helps reduce health risks for both mother and child.
The bench noted that a newborn requires constant care from the mother during the early days, which are crucial for the child’s physical and emotional development.
The court clarified that motherhood cannot be treated as an excuse to avoid work, but when a woman is genuinely unable to attend work due to pregnancy or childcare responsibilities, employers cannot penalise her.
The judgment reinforces that the right to maternity leave forms part of the broader constitutional guarantee of dignity and health for women under Article 21 of the Constitution of India.
