The Chhattisgarh High Court directed the concerned State authorities to decide on the claim for unpaid maternity leave salary filed by a contractual Staff Nurse, observing that the denial of such salary solely on account of her temporary status was not legally sustainable. The Court held that the right to dignity of motherhood and child cannot be curtailed on the whims of administrative officers.
Background of the Case
The petitioner, Smt. Rakhi Verma, is employed as a Staff Nurse on contract at the District Hospital, Kabirdham. She applied for maternity leave for the period from 16 January 2024 to 16 July 2024, which was duly sanctioned. She gave birth to a girl child on 21 January 2024 and rejoined duties on 14 July 2024.
Despite repeated representations, the petitioner was not paid her salary for the leave period, causing her and her newborn to suffer financial hardship. She submitted an application dated 25 February 2025 to the Chief Medical and Health Officer (Respondent No. 3), seeking release of her maternity salary. The petition was filed after inaction from the authorities.
Petitioner’s Submissions
The petitioner, represented by Advocate Shrikant Kaushik, argued that under Rule 38 of the Chhattisgarh Civil Services Leave Rules, 2010, maternity leave of 135 days is a statutory right and should not be denied, even to contractual employees. Reliance was placed on a coordinate bench’s decision in WPS No. 5696 of 2025, which held that contractual employees are entitled to maternity benefits under the 2010 Rules.
It was further contended that non-payment of salary violated Articles 14 and 16 of the Constitution of India by treating temporary and permanent employees differently in matters concerning maternity benefits.
State’s Response
Appearing for the State, Advocate General Mr. Prafull Bharat, along with Additional Advocate General Mr. Vivek Sharma and Deputy Government Advocate Mrs. Shailja Shukla, submitted that the petitioner was a temporary employee appointed on a contractual basis and hence not entitled to the claimed benefit.
Court’s Observations and Analysis
The Court referred to its earlier decision in Devshree Bandhe vs. Chhattisgarh State Power Holding Company Ltd. (WPS No. 101 of 2017) and cited extensively from Rule 38 of the Chhattisgarh Civil Services Leave Rules, 2010. The Court emphasized:
“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… The 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.”
The Court also relied on the Supreme Court judgment in Dr. Kavita Yadav vs. Secretary, Ministry of Health and Family Welfare and Others [(2024) 1 SCC 421], which affirmed that maternity benefits can extend beyond the term of employment for contractual employees.
Quoting from Municipal Corporation of Delhi vs. Female Workers (Muster Roll) [(2000) 3 SCC 224], the Court reiterated that the Maternity Benefit Act is beneficial legislation and cannot be restricted only to regular employees.
Final Decision
The Court directed Respondents No. 3 and 4 to:
- Consider and decide the petitioner’s claim for salary for the maternity leave period (17 March 2024 to 13 July 2024), in accordance with Rule 38 of the 2010 Rules and applicable guidelines.
- Pass appropriate orders within a period of three months from the date of receipt of the Court’s order.
The Court clarified that the question of whether the petitioner is a regular or contingent employee was not decided in the present case.
The writ petition was allowed to the extent indicated, with no order as to costs.
Bench: Justice Amitendra Kishore Prasad
Case Title: Smt. Rakhi Verma vs. State of Chhattisgarh & Others
Case No.: WPS No. 1648 of 2025
