Jabalpur: In a landmark judgment reinforcing the constitutional rights of women, the Madhya Pradesh High Court has ruled that state government establishments cannot deny paid maternity leave to employees simply because they haven’t completed 80 days of service. The court emphasised that the state’s obligation to provide social justice and protect the health of mothers far outweighs rigid statutory technicalities.

The ruling came from Justice Vishal Dhagat during the hearing of a writ petition filed by Dr Priti Saket, a guest faculty member at Government Tilak PG College in Katni.

Dr Priti’s ordeal began in April 2023, when she was initially granted six months of maternity leave with her honorarium. However, in a sudden U-turn on June 16, 2023, the college principal issued an amended order. Citing a 2022 state circular and the Maternity Benefit Act of 1961, the administration converted her leave into “unpaid,” effectively stripping her of financial support during one of the most vulnerable periods of her life.

“As per Article 38 of the Constitution of India, State shall strive to promote welfare of people and Article 39 of the Constitution of India lays down that State shall direct its policy towards securing health and strength of workers, men and women particularly children of tender age,” said the Madhya Pradesh High Court on March 24.

Government Advocate Kamal Singh Baghel argued that as a contractual appointee, Dr Saket was only a temporary stopgap and didn’t qualify for permanent benefits. Specifically, they invoked Section 5(2) of the 1961 Act, which stipulates that a woman must work at least 80 days in the preceding 12 months to claim maternity benefits.

Represented by advocates Hitendra Kumar Golhani and Kajal Vishwakarma, Dr Priti labelled the withdrawal “arbitrary and illegal,” arguing that the 80-day rule was being weaponised to harass a female professional.

Justice Dhagat’s ruling was a stinging rebuke to administrative rigidity. The court held that while the 1961 Act might bar benefits for private entities under the 80-day rule, this bar does not apply to state government establishments.

“State is also required to provide equal justice and free legal aid as per Article 39A of the Constitution of India. Aforesaid directives principles are guidelines for the State Government to formulate its policy. Spirit of the Constitution of India and directives principle cannot be overlooked by the constitutional court,” the Madhya Pradesh High Court added.

The High Court set aside the college’s order, ensuring that guest faculty and contractual workers in MP’s state-run institutions can no longer be deprived of their honorarium during maternity leave based on a “days-worked” count.