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Maternity leave cannot be compared or equated with any other leave as it is the inherent right of every woman employee which cannot simply be denied on technical grounds, Court said
The Orissa High Court recently held that protection under the Maternity Benefits Act, 1961 cannot be denied merely on technical grounds as it is a basic human right, denial of which would be an assault on a woman’s dignity.
Justice Sashikanta Mishra, while allowing a petition seeking sanction of maternity leave, observed, “Maternity leave cannot be compared or equated with any other leave as it is the inherent right of every woman employee which cannot simply be denied on technical grounds. It would be preposterous to hold otherwise as it would militate against the very process designed by nature. If a woman employee is denied this basic human right it would be an assault on her dignity as an individual and thereby offend her fundamental right to life guaranteed under Article-21 of the Constitution, which has been interpreted to mean life with dignity.”
Reliance was essentially placed on Municipal Corporation of Delhi v. Female Workers, (2000) 3 SCC 224 and the Directive Principles of State Policy; Articles 39 and 42, precisely.
Brief Background
The petitioner was appointed as an Assistant Teacher (CBZ) against an existing vacancy vide order dated December 19, 1997 in the Practising Girls High School, Fakirpur, District Keonjhar, Odisha.
The petitioner applied for maternity leave from June 17, 2013 to December 13, 2013 for her first issue.
Upon submitting a fitness certificate, she joined back on December 14, 2013.
She then applied for sanction of maternity leave for the aforementioned period but the same was refused by the District Education Officer (DEO), Keonjhar.
On an application under the RTI Act, 2005, the DEO informed that no leave rule is applicable for employees of the School and hence sanction of the maternity leave cannot be considered.
It was the contention of the respondents that payment of grants in aid to High Schools/Upper Primary Schools Order, 1994 (GIA Order) did not mention the sanction of any such leave, except for a casual leave of 15 days under the relevant provisions of Odisha Leave Rules, 1966 and Odisha Service Code.
Case Title: Swornalata Dash v. State of Odisha | WP (C) 620 of 2015
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