Guest Lecturer Entitled to Maternity Leave Salary Under Maternity Benefit Act | HC

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Maternity Leave Salary for Guest Lecturers

Case Details: Dr. Anjali Joshi vs. State of Chhattisgarh - [2026] 186 taxmann.com 692 (HC - Chhattisgarh) 

Judiciary and Counsel Details

    • Bibhu Datta Guru, J.
    • Shubham Tiwari, Adv. for the Petitioner.
    • Suyashdhar Badgaiyan, G.A. for the Respondent.

Facts of the Case

In the instant case, the petitioner, a Guest Lecturer, had been working in the respondent’s College since 25.08.2018. During pregnancy, she applied for maternity leave on 11.08.2025 under the Maternity Benefit Act, 1961, which was sanctioned, and she rejoined duty on 09.02.2026.

Upon resumption, she sought monetary maternity benefits under Section 5 of the Maternity Benefit Act, 1961, for the period of leave. The Respondent No. 4, by an impugned action dated 11.08.2025, denied the petitioner’s claim for monetary benefits, relying on Clause 11.2 of Circular dated 20.06.2024, stating that guest lecturers were entitled only to maternity leave and not to monetary benefits.

The petitioner submitted representations, but no relief was granted. The petitioner filed a writ petition challenging the denial, asserting entitlement to wages for the maternity leave period under Section 5 of the Act.

It was noted that the Act contains nothing that entitles only regular women employees to the benefit of maternity leave, and not those who are engaged on a casual basis, on the muster roll on a daily-wage basis, or as guests.

Further, it was noted that since the petitioner was granted maternity leave, the respondents were obligated to release the petitioner’s salary forthwith for the period of her maternity leave.

High Court Held

The High Court held that respondents were directed to take an appropriate decision in accordance with rules and guidelines, as the petitioner was entitled to maternity leave, and pass appropriate orders in respect of the petitioner’s claim for unpaid salary for the period she had gone on maternity leave, at the earliest, preferably within a period of three months from the date of receipt of copy of this order.

List of Cases Referred to

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Author: Taxmann

Taxmann Publications has a dedicated in-house Research & Editorial Team. This team consists of a team of Chartered Accountants, Company Secretaries, and Lawyers. This team works under the guidance and supervision of editor-in-chief Mr Rakesh Bhargava.

The Research and Editorial Team is responsible for developing reliable and accurate content for the readers. The team follows the six-sigma approach to achieve the benchmark of zero error in its publications and research platforms. The team ensures that the following publication guidelines are thoroughly followed while developing the content:

  • The statutory material is obtained only from the authorized and reliable sources
  • All the latest developments in the judicial and legislative fields are covered
  • Prepare the analytical write-ups on current, controversial, and important issues to help the readers to understand the concept and its implications
  • Every content published by Taxmann is complete, accurate and lucid
  • All evidence-based statements are supported with proper reference to Section, Circular No., Notification No. or citations
  • The golden rules of grammar, style and consistency are thoroughly followed
  • Font and size that's easy to read and remain consistent across all imprint and digital publications are applied