'Motherhood Cannot Be Distinguished By Surrogacy': HP High Court Upholds Commissioning Mother's Right To Maternity Leave
The Himachal Pradesh High Court has held that a commissioning mother is entitled to maternity leave on par with any other female government servant, quashing the State authorities' decision to deny such leave to Dr. Juhi Manhas. The Court observed that the petitioner, having become a commissioning mother on two occasions, had a right to maternity leave for both periods and that the State's...
The Himachal Pradesh High Court has held that a commissioning mother is entitled to maternity leave on par with any other female government servant, quashing the State authorities' decision to deny such leave to Dr. Juhi Manhas.
The Court observed that the petitioner, having become a commissioning mother on two occasions, had a right to maternity leave for both periods and that the State's denial of the benefit was “completely unsustainable in law.”
Justice Ajay Mohan Goel remarked that:“The petitioner, having become a commissioning mother on two occasions, has a right to be granted maternity leave on both the occasions and the act of the respondents of denying maternity leave to her is completely unsustainable in law.
Background:
The petitioner, Dr. Juhi Manhas, is a female government employee who became a commissioning mother through surrogacy. She had availed 180 days of maternity leave after the birth of her first child in 2020, followed by commuted and earned leave, and subsequently sought maternity leave again after the birth of her second child through surrogacy.
The State authorities refused to recognise the maternity leave, contending that the DoPT notification dated June 18, 2024, extending maternity leave to surrogate and commissioning mothers, had not been adopted by the Himachal Pradesh Government. Aggrieved, the petitioner approached the High Court challenging the denial.
The High Court held that the issue of whether a female government employee in Himachal Pradesh can be denied maternity leave merely because the child was born through surrogacy was no longer res integra.
The Court rejected the State's argument that the DoPT notification dated June 18, 2024 had not been adopted by Himachal Pradesh. It observed that the earlier Division Bench judgment had attained finality and was binding on the State; therefore, there was no need for the State to separately adopt the 2024 notification to extend maternity leave to commissioning or surrogate mothers.
The Court further emphasised that maternity leave serves the welfare of both the mother and the newborn child. It observed that motherhood cannot be distinguished merely on the basis of whether a woman gave birth to the child naturally or became a mother through surrogacy, and that a commissioning mother cannot be discriminated against in the matter of maternity benefits.
The Court also noted that the State had itself provided 180 days of child adoption leave to female government servants adopting a child below one year of age. Against this backdrop, it found no justification for denying maternity leave to a surrogate or commissioning mother.
Accordingly, the Court held that the petitioner, having become a commissioning mother on two occasions, was entitled to maternity leave for both periods. It quashed the orders denying her maternity leave and directed the State to treat 180 days following the birth of each child as maternity leave, with the subsequent leave adjusted in accordance with the applicable CCS (Leave) Rules. The Court also directed release of her withheld salary.
Case Name: Dr.Juhi Manhas v/s State of H.P. & ors.
Case No.: CWP No.14883 of 2025
Date of Decision: 03.08.2026