The Rajasthan High Court has directed the State to grant 180 days of maternity leave to a teacher who joined a new school after childbirth, along with her salary and all consequential benefits.

Justice Anoop Kumar Dhand was hearing a petition seeking directions to the State authorities to grant the petitioner maternity leave under Rule 103 of the Rajasthan Service Rules, 1951.

The petitioner was posted as a teacher in Barmer district when she became pregnant and applied for 34 days of maternity leave, which was sanctioned. She gave birth to a child in September 2023 and subsequently joined a new school in Khairthal-Tijara district on October 6, 2023.

After joining the new school, she requested maternity leave for the full 180-day period. However, her request allegedly went unheeded, following which she applied for child care leave on three occasions. The authorities granted these requests, but the petitioner approached the Court after the dispute arose over her entitlement to maternity leave and salary for the relevant period.

The Court examined Rule 103 of the Rajasthan Service Rules, 1951, and observed that maternity leave could be granted to a female government servant for 180 days on two occasions.

Emphasising the purpose of maternity leave, the Court observed that it was intended not only to address the health concerns of the mother and child but also to facilitate the development of an emotional bond between them.

The Court observed that the right to life under Article 21 of the Constitution includes the right to motherhood and the right of every child to full development. It further held:

“If maternity means motherhood, then the object of maternity leave is to protect the dignity of motherhood by providing for full and healthy maintenance of the woman and her child. Maternity leave is intended to achieve the object of ensuring social justice to women as the motherhood and childhood, both require special attention. Not only are the health issues of the mother and the child considered while providing for maternity leave, but the leave is provided for creating a bond of affection between the two. Right to life under Article 21 of the Constitution of India includes the right to motherhood and also the right of every child to full development.”

Considering the facts and circumstances of the case, the Court allowed the petition and directed the State authorities to grant the petitioner 180 days of maternity leave with effect from September 1, 2023. It clarified that the period would not be treated as a break in service and directed the authorities to extend the entire salary and all consequential benefits to her.

The Court further directed that the child care leave already availed by the petitioner be excluded from the maternity leave period and credited back to her child care leave account.