New Delhi, Aug 16 : The Supreme Court on Tuesday said that a woman’s right take advantage of maternity leave cannot be taken away even if she previously availed child care leave to her children who were not biological. A bench headed by Justice D.Y.Chandrachud stated that the fact that the woman was granted child care leave is not used to deny her rights under the Central Civil Services Rules (CCS Rules).The bench, which also includes Justice A.S.Bopanna, added the motive and purpose of the award of the leave of maternity will be defeated.
The bench stated that the rules of CCS Rules regarding maternity leave must be applied in conformity with the goal and purpose of the Maternity Benefit Act.Two of the petitioners children were of her the previous marriage of her husband.
The petitioner works as an RN in the Postgraduate Institute of Medical Education and Research, Chandigarh (PGIMER) and she was denied parental leave for her biological baby.
The petitioner was informed that she had availed the leave to two of her older children.
The counsel for the respondent argued that the limitation on maternity leave only to the two children with the eldest survivors was intended to encourage smaller families.
The petitioner argued before the top court via advocate Akshay Verma, challenging the Central Administrative Tribunal and the Punjab and Haryana High Court decision, which rejected her appeal for an allowances as per the maternity leave benefits in the CCS Rules, 2013.
In the course of the hearing, the court observed that petitioner’s children being born from her prior marriage was not an option.
The supreme court ruled that the purpose of the grant of the maternity leave is intended meant to inspire women to stay in the workplace.It also declared that the appealed-to is entitled to right to grant of maternity leave and overturned the rulings of the supreme court as well as tribunal.
In an interview with IANS, Verma said: “Women are not able to be denied maternity benefits for their biological child, even if she has taken advantage of child care leave to the children she adopted.”
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