Maternity Leave & Post-natal childcare leave – Probationer – Maternity Benefits Act – Maharashtra Civil Services (Leave) Rules, 1981 –

Fundamental Human right to maternity leave -Right to life  under Article 21 of the Constitution of India includes right to become a mother.

On 29.7.2013, the applicant was appointed as Assistant Conservator of Forests on probation of three years including two years of training course and one year of field training.

On 18.7.2013, the applicant was given an appointment as probationer on completion of training of two years.

In the meanwhile, the applicant proceeded on maternity leave of 180 days from 21.10.2013 to 18.4.2014 and thereafter, was absent for post-natal care leave of 43 days.   The leave was sanctioned as extra-ordinary leave by the order dated 27.1.2015.

HELD that to be a mother is a right of a woman.   The applicant was denied maternity leave as she was on probation at that time.  The State being a welfare State has guaranteed maternity leave of 180 days to every woman employee but the period of probation should not be an obstacle for a woman to become a mother.   The seniority of such female employee should not be denied on the ground that she was absent on account of maternity leave. However, there should not be lesser period for assessment of probation period even on account of maternity leave and no concession in reducing such probation period is to be given to any female employee.   However, the seniority should not suffer as she wants to be a mother which is her basic human and natural right.  The period of maternity leave is to be extended only for the purpose of assessment and performance of female employee.  If the performance after extended period is satisfactory, then she is to be given deemed date of seniority as per the date of completion of her batch mates.

Judgment dated 19.4.2024 in Original Application No.814 of 2023 of Smt. Revati Anil Kulkarni Vs. The State of Maharashtra