Bar Of Working 80 Days In 12 Months For Availing Benefit Of Maternity Leave Not Applicable To State Govt Establishment: Madhya Pradesh High Court
The petition before the Madhya Pradesh High Court was filed by a guest faculty member challenging an order of the Principal, Government Tilak PG College.
While setting aside an order whereby a guest faculty was denied honorarium during her maternity leave, the Madhya Pradesh High Court has held that the bar of working 80 days in 12 months for availing the benefit of the grant of maternity leave would not be applicable to the establishment of the State Government.
The Petitioner had filed a petition before the High Court under Article 227 of the Constitution, challenging an impugned order of the Principal, Government Tilak PG College, granting maternity leave to her without honorarium.
The Single Bench of Justice Vishal Dhagat stated, “Section 5(2) of the Act of 1961, bars benefit of maternity leave unless woman has worked for 80 days in 12 months. Said bar of working 80 days in 12 months for availing benefit of grant of maternity leave shall not be applicable over establishment of State Government. State is required to take welfare measures for its citizens”, it added.
Advocate Hitendra Kumar Golhani represented the Petitioner, while Government Advocate Kamal Singh Baghel represented the Respondent.
Factual Background
The petitioner was granted maternity leave for a period of six months, but while on leave, no honorarium was paid to her. In an earlier order, it was mentioned that the petitioner would be granted maternity leave for a period of six months and during said period, the petitioner was to be paid honorarium. Later on, this order granting leave with honorarium was modified and leave of 6 months was sanctioned without honorarium.
Reasoning
The Bench found that the Petitioner was working as a guest faculty and engaged on a contractual basis for a temporary period. “Guest faculty is engaged on contract basis when regular teacher, Lecturer or Assistant Professor is not available. Seat may be vacant due to lack of appointment or any other contingency such as long leaves, study leaves etc”, it stated.
The Bench made it clear that the Madhya Pradesh Civil Services Leave Rules is not applicable to the petitioner. The Bench noted that the definition of establishment given in Section 2(1) of the Maternity Benefit Act, 1961, is wide and it covers any establishment belonging to the Government and also an establishment where ten or more persons are employed on any day preceding twelve months.
Holding that the Maternity Benefit Act, 1961, will be applicable in the case of the petitioner, the Bench explained that, as per the 2017 amendment of the Act, benefit of payment of wages for 26 weeks is to be granted to a woman, and the breakup of 26 weeks is 8 weeks before the expected date of delivery and 18 weeks after delivery. The Bench held that the bar of working 80 days in 12 months for availing the benefit of the grant of maternity leave would not be applicable to the establishment of the State Government.
Thus, setting aside the impugned order of the Principal, Government Tilak PG College, the petitioner directed that the benefit of maternity leave be granted to the petitioner. The Bench held the petitioner entitled to paid leave for a period of 26 weeks, and the breakup of the same was up to 8 weeks before the expected date of delivery and 18 weeks after the period of delivery.
The Bench disposed of the petition by directing, “Order will apply to State Government and rigour of 80 days work in previous 12 months for availing maternity leave benefit shall apply in accordance with Act over other establishments except State Government.”
Cause Title: Dr. Priti Saket v. The State of Madhya Pradesh and Others (Neutral Citation: 2026:MPHC-JBP:24642)
Appearance
Petitioner: Advocates Hitendra Kumar Golhani, Kajal Vishwakarma
Respondent: Government Advocate Kamal Singh Baghel