Court Rules Denial of Maternity Leave on Transfer Grounds Violates Right to Motherhood under Article 21; Child Care Leave to Be Adjusted Accordingly
In a landmark judgment delivered on October 8, 2026, the Rajasthan High Court (Jaipur Bench), presided over by Justice Anoop Kumar Dhand, has held that a female government employee cannot be denied her statutory maternity leave entitlement merely because she joined a new posting after childbirth. The Court directed the State respondents to grant petitioner Pooja Yadav, a Teacher Grade-III, maternity leave for 180 days with full salary and benefits, and clarified that the period of such maternity leave shall not be treated as a break in service.
The petitioner, Ms. Pooja Yadav, was initially posted at Mahatma Gandhi Government School, Penwalo Ki Dhani in District Barmer. During her tenure there, she applied for and was granted maternity leave for 34 days starting September 1, 2023. She gave birth to her child on September 27, 2023. Subsequently, she was selected and appointed as a teacher at Mahatma Gandhi Government English Medium School, Pur, in District Khairthal-Tijara, where she joined on October 6, 2023. Despite her request to continue the maternity leave totaling 180 days, the authorities refused and instead granted her child care leave on three occasions.
Challenging this denial, Ms. Yadav filed a writ petition seeking directions for continuation of maternity leave with salary benefits as per Rule 103 of the Rajasthan Service Rules, 1951. The State contended that after joining the new school, she did not apply for maternity leave but instead availed child care leave, and that the initial maternity leave was only sanctioned for 34 days.
Upon hearing the arguments and examining the facts, the Court emphasized that maternity leave is a fundamental protection aimed at safeguarding the dignity of motherhood, the health of the mother and child, and facilitating maternal-infant bonding. It underscored that the right to motherhood is an intrinsic part of the right to life guaranteed under Article 21 of the Indian Constitution, which also includes the child's right to full development.
The Court noted that the petitioner's pregnancy and childbirth were undisputed facts and that her initial maternity leave was granted by the previous school. The subsequent refusal to grant maternity leave after transfer could not override her substantive right. Observing that the petitioner resorted to child care leave only because maternity leave was denied, the Court ordered that the child care leave so availed be excluded from the maternity leave period and reinstated to her leave account.
Accordingly, the Court directed the State respondents to grant maternity leave to Ms. Pooja Yadav from September 1, 2023, for 180 days with full salary and all consequential service benefits. The period of maternity leave was held not to constitute a break in service, thereby ensuring continuity and protection of the petitioner's employment rights.
This ruling reinforces the principle that maternity leave is a vital component of women's rights at the workplace, especially for government employees, and cannot be curtailed on technical grounds such as transfer or change of posting. It reaffirms the judiciary's role in upholding constitutional guarantees related to health, dignity, and family welfare.
Bottom Line:
Service Law - Maternity leave cannot be denied to a female government servant merely because after childbirth she joined at a new school and subsequently sought child care leave when her request for continuation of maternity leave was not heeded - Right to motherhood is part of Article 21 - Petitioner held entitled to maternity leave for 180 days with salary and consequential benefits and period not to be treated as break in service.
Statutory provision(s): Rajasthan Service Rules, 1951 Rule 103, Constitution of India Article 21
Pooja Yadav v. State of Rajasthan, (Rajasthan)(Jaipur Bench) : Law Finder Doc Id # 2999832
