Doctor's Maternity Leave Is Valid Bond Service, Says Madras High Court

News18

01-07-2025

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The judgment further observed that rights under the Maternity Benefit Act, 1961 override any contrary conditions in employment contracts or bond agreements
The Madras High Court recently held that maternity leave taken during the mandatory government bond service must be treated as valid service, directing the authorities to return the educational certificates of a postgraduate medical student who had been denied them for not completing the full tenure.
A division bench comprising Justices GR Swaminathan and K Rajasekar delivered the verdict in an appeal filed by Dr. E. Krithikaa, who had completed her MS (General Surgery) from Thanjavur Medical College and served in a government hospital for a year before going on maternity leave.
Dr Krithikaa had been appointed as an Assistant Surgeon following the completion of her postgraduation and served in Thittakudi Government Hospital for 12 months. However, as she did not complete the full two-year bond period — having gone on maternity leave — the state authorities refused to release her original certificates. Her initial writ petition seeking the return of documents was dismissed, prompting her to file a writ appeal.
The division bench emphasised that maternity benefits are not merely welfare measures but a matter of constitutional right protected under Article 21. It relied heavily on the Supreme Court's decisions in Kavita Yadav v. State (2024) and Deepika Singh v. PGIMER (2023), which clarified that maternity leave must be recognised as part of employment service and that any attempt to deny this would violate both statutory protections and constitutional guarantees.
Justice Swaminathan, writing for the bench, stated, 'Maternity leave is integral to maternity benefit and forms a facet of Article 21. The appellant, though not a regular government employee, is entitled to the same treatment under the law."
Reinforcing the point with literary flair, the court quoted poet John Milton's famous line from Paradise Lost—'They also serve who only stand and wait"—to underscore that maternity is no less a form of national service than any physical presence at the workplace.
Accordingly, the court set aside the single judge's earlier dismissal and directed the authorities to return Dr Krithikaa's certificates within four weeks.
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