The Madras High Court observed that the maternity period shall be counted as part of the bond service. Therefore, the period spent during maternity leave would be taken as period served to the Government of Tamil Nadu as part of bond.

The Appellant signed a bond for a sum of Rs.40.00 lakhs with an undertaking that she would serve the Government of Tamil Nadu for a period not less than two years at the time of taking admission in MS (General Surgery) at

The Division Bench of Justice G.R. Swaminathan And Justice K. Rajasekar observed, “Maternity leave is integral to maternity benefit and forms a facet of Article 21. The appellant no doubt is not a government employee. She is only obliged to render bond service to the Government of Tamil Nadu for a period of two years. But a regular State government employee is entitled to avail maternity leave for twelve months as per the amended Service Rules. We are of the view that the appellant is also entitled to the very same treatment applicable to any government employee. The fact that the appellant was only in the service of the government without being a regular employee is irrelevant. When the fundamental right of the appellant is involved, she is entitled to the protective umbrella of not only Article 21 but also Article 14.”

Advocate U. Venkatesh represented the Appellant, while Advocates C. Venkatesh Kumar and A.S. Vaigunth represented the Respondents.

Case Brief

The Appellant took admission in Thanjavur Medical College in the academic year 2016-17 and as per the prospectus of admission she signed a bond for a sum of Rs.40.00 lakhs with an undertaking that she would serve the Government of Tamil Nadu for a period not less than two years. Additionally, she submitted her original educational certificates to the concerned Medical College.

The Appellant was appointed as Assistant Surgeon at Thittagudi Government Hospital in 2019 and served for a period of twelve months. However, she went on maternity leave post her pregnancy.

Earlier, an order was passed in the Writ Petition observing that the Appellant had only completed twelve months of service in the hospital and twelve more months of service is remaining to be completed as per the undertaking. Thus, aggrieved by the said order the present Writ Appeal was filed.

Court’s Analysis

Justice G.R. Swaminathan was of the opinion that the power of lien can be exercised only over marketable commodities. An educational certificate is not a marketable commodity and hence cannot be retained or withheld for whatever reason.

However, the Court decided the issue on another ground: whether the period of maternity leave can be construed as bond service is no longer res integra.

The Court held that the Appellant must be taken to have served the Government of Tamil Nadu even during her maternity period. In other words, the maternity period of twelve months has to be counted as part of the bond period.

“This is all the more so because the Hon'ble Supreme Court had declared that any woman has a fundamental right to the benefits arising out of her situation of maternity. Maternity leave is integral to maternity benefit and forms a facet of Article 21.”, the Court said.

The Court directed the Respondents to return Appellant’s original certificates.

Accordingly, the Writ Appeal was allowed.

Cause Title: Dr.E.Krithikaa V. The State of Tamil Nadu & Ors

Click here to read/download the Judgment.


Madras High CourtJustice G.R. SwaminathanJustice K Rajasekar

Pridhi Chopra

    Pridhi Chopra was earlier practicing as an Advocate in Delhi. She pursued B.A. (H) English from Gargi College, University of Delhi, and subsequently pursued a degree in Law.