Bombay High Court Rules Maternity Leave a Fundamental Right, Quashes ₹23.58 Lakh Penalty on Dentist

Nagpur, March 10: The Bombay High Court has ruled that maternity leave is a fundamental right and cannot be treated as a break in service, setting aside a penalty imposed on a dental professional for allegedly failing to complete her bond period as an Assistant Professor under the Social Responsibility Service Scheme.

A division bench comprising Justices Anil Kilor and Raj Wakode delivered the judgment while allowing a writ petition filed by a 28-year-old dentist from Coimbatore. The court quashed a penalty of ₹23.58 lakh that had been imposed for allegedly not completing a mandatory service bond.

The bench held that service bond obligations cannot be used to penalise women for exercising their maternity rights.

“No bond can override the right to maternity leave, which is a facet of the fundamental right under Article 21 of the Constitution. Any contract, agreement or bond that penalises a woman for taking maternity leave or seeks to deny her this right is inconsistent with Section 27 of the Maternity Benefit Act 1961,” the judges observed.

Court Orders Refund of Penalty

The High Court set aside the penalty order and directed that the ₹23.58 lakh amount be refunded within four months if it had already been paid. It also ordered that the petitioner be paid her salary for the maternity leave period.

Background of the Case

The petitioner completed her Bachelor of Dental Surgery (BDS) from The Tamil Nadu Dr. M. G. R. Medical University in 2018. She subsequently completed a one-year Compulsory Rotatory Internship at Chettinad Dental College and Research Institute between October 2018 and October 2019.

She later qualified in the NEET MDS and completed her MDS in Conservative Dentistry and Endodontics in 2023.

Following this, she was appointed as an Assistant Professor in Conservative Dentistry at the Government Dental College and Hospital Nagpur under a mandatory 365-day bond period from December 11, 2023, to December 10, 2024.

During her tenure, she applied for maternity leave from May 1 to September 30, 2024.

Dispute Over Bond Completion

After completing her maternity leave, the petitioner requested permission to resume duty and complete the remaining bond period. She also informed authorities that she had not received salary during the maternity leave.

However, the Directorate of Medical Education and Research Maharashtra (DMER) informed the college that the five-month maternity leave would not be counted toward the bond period. The petitioner was directed to serve an equivalent additional period to qualify for her bond completion certificate.

Authorities further warned that failure to complete the extended service period would result in a financial penalty. A calculation sheet dated December 21, 2024 assessed the penalty at ₹23.58 lakh, and an order issued on January 6, 2025 directed her to pay the amount for alleged non-completion of the bond.

Court Emphasises Constitutional Protection

Challenging the decision, the petitioner argued that maternity leave is a fundamental right linked to dignity, health and reproductive choice under Article 21 of the Constitution.

The court agreed, emphasising that maternity leave enables a woman to take time away from work to give birth, recover and care for her newborn without fear of losing employment.

The bench also cited Section 27 of the Maternity Benefit Act, which makes it clear that the provisions of the law override any inconsistent agreement, service rule or contract.

“She is entitled to the same protective umbrella as regular employees regarding maternity-related entitlements,” the court noted.

Allowing the petition, the High Court quashed the penalty order dated January 6, 2025 and directed authorities to refund any amount already paid within four months. The court further instructed the authorities either to permit the petitioner to complete the remaining bond period, if feasible, or to issue a certificate treating the bond as completed.