The Madras High Court has delivered a significant verdict stating that maternity leave availed by doctors during their mandatory bond service at government hospitals should be counted towards their bond period. This ruling emphasizes that maternity leave is an integral part of maternity benefit and a fundamental right under Article 21 of the Constitution.
The decision came in response to an appeal filed by Dr. Krithikaa, who, after completing her MS in General Surgery at Thanjavur Medical College, was appointed as an Assistant Surgeon at Thittakudi Government Hospital in 2019. As per the admission rules in Tamil Nadu government colleges, Dr. Krithikaa had signed a bond for ₹40 lakh, agreeing to serve in government hospitals for at least two years after completing her course. She had also submitted her original certificates as part of this agreement. After serving for a year, she went on maternity leave, and upon requesting her original certificates, the authorities refused, stating that she had only completed 12 months of her bond period, not the full 24.
The case was heard by a Division Bench of Justices G.R. Swaminathan and K. Rajasekar. The court emphasized that the conditions outlined in a college prospectus cannot override the rights conferred upon women under the Maternity Benefit Act, 1961. The court further noted that any woman has a fundamental right to the benefits arising out of her situation of maternity.
The Madras High Court referenced a previous Supreme Court case, Kavita Yadav v. State (NCT of Delhi), which established that maternity leave should be treated as active service. Applying this principle, the court stated that Dr. Krithikaa must be considered to have served the government even during her maternity period. The judges clarified that even though Dr. Krithikaa was not a regular government employee, she was serving the state under a formal agreement, and therefore, should be entitled to the same maternity leave benefits as regular employees under Tamil Nadu's amended Service Rules, which allow for up to 12 months of maternity leave. Denying her this right would violate Article 14 of the Constitution, which guarantees equality before the law and equal protection to all.
The court directed the concerned government authorities to return Dr. Krithikaa's original certificates within four weeks, affirming that her 12-month maternity leave must be counted as part of her two-year bond. The ruling reinforces that maternity benefits cannot be denied, even if the employee isn't in a regular government post. This ruling not only helped Dr. Krithikaa get her documents back, but also sets an example for how maternity leave should be treated in bond service agreements.
