The Himachal Pradesh High Court has ruled in favour of a government school teacher whose maternity leave was prematurely curtailed following her regularisation, holding that the state cannot deny her the full benefit of leave already sanctioned.
Justice Sandeep Sharma, delivering judgment on August 11, allowed the petition filed by Kamini Sharma, a Junior Basic Teacher (JBT), and struck down three government orders issued on December 13, 2021, December 23, 2021, and June 19, 2025.
The petitioner gave birth on August 21, 2021, and was granted 180 days of maternity leave. However, after her services were regularised on October 21, 2021, she was compelled to resume duty the very next day by submitting a medical fitness certificate.
The education department subsequently cancelled her sanctioned leave, reclassified her absence as “extraordinary leave,” and even initiated salary recovery proceedings.
Justice Sharma held that the submission of a fitness certificate at the time of regularisation could not justify curtailment of maternity leave.
“The submission of Medical Fitness Certificate at the time of regularisation, in peculiar facts and circumstances as detailed herein above, could not have given any right to the respondents to curtail the maternity leave of the petitioner granted to her w.e.f. 21.8.2021, for a period of 180 days,” the Court observed.
The judge also expressed disapproval of the state’s actions in recovering salary despite the High Court having granted an interim stay on January 13, 2022.
“Despite afore order, respondents have proceeded to order recovery from the petitioner vide order dated 19.6.2025, which is wholly impermissible given the order passed by this Court,” the ruling stated.
The Court held that Kamini Sharma was entitled to avail her full maternity leave until February 2022. It directed the government to release all due benefits within four weeks, failing which interest at 6% per annum would accrue from the date the amount became due.
