'No Discrimination Must Be Made Between Regularised And Non-Regularised Government Staff While Granting Maternity Leave': Madras High Court

The Madras High Court observed on Thursday that there cannot be any discrimination between regularised and non-regularised married women Government servants with regards to availing the benefits of maternity leave.

The Court made the observation while issuing notice on a Public Interest Litigation (PIL) moved by Advocate C Rajaguru seeking the Court's directions in order to ensure that the Public Health and Preventive Medicine (DPHS) and the office of the joint director of Health Services, Government District Headquarters Hospital Campus in Villupuram district take immediate steps to identify and process pending applications of maternity leave moved by regularised and non-regularised married women government staff. The petitioner pointed out that the concerned government departments had been extending differential treatment between regularised and non-regularised government staff with regards to the extension of maternity leave benefits which constituted a violation of Article 14 of the Constitution of India.

A Bench comprising Chief Justice Sanjib Banerjee and Justice P D Audikesavalu took cognisance of the grievance raised and accordingly observed,

"Mr.P.Muthukumar, learned State Counsel is directed to get appropriate direction from the State Government granting maternity leave uniformly to the regularised, contractual and non-regularised married women Government servants"

In related news, recently the Karnataka High Court directed the reinstatement of a government servant by observing that the Maternity Benefit Act, 1961 does not distinguish between temporary employee, employee on contract basis or an employee on daily wages with regards to the grant of maternity leave. Similar observations had been echoed by the Kerala High Court in 2018 and the Himachal Pradesh High Court in 2020. 

The matter has been listed for further consideration on September 16.

Case Title: C. Rajaguru v. The Secretary  

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