Maternity Leave During Bond Service Cannot Be Penalised | HC

  • Blog|News|Labour & Industrial Laws|
  • 2 Min Read
  • By Taxmann
  • |
  • Last Updated on 12 March, 2026

Latest from Taxmann

maternity leave bond service

Case Details: Dr Meenakshi Muthiah vs. State of Maharashtra - [2026] 184 taxmann.com 160 (HC-Bombay)

Judiciary and Counsel Details

  • Anil S. Kilor & Raj D. Wakode, JJ.
  • A.M. Sudame, Adv. for the Petitioner.
  • N.S. Rao, A.G.P. for the Respondent.

Facts of the Case

In the instant case, the petitioner, an MDS degree holder, was appointed as an Assistant Professor in the respondent medical college under the Government Social Responsibility Service (bond service) for a bond period of 365 days.

The petitioner went on maternity leave during the bond period. The respondent imposed a penalty on the petitioner for not completing the bond period by not treating maternity leave as a duty period.

It was noted that the maternity leave is not a break in service and the bond cannot be used to penalise a woman for exercising her right to motherhood.

Further, it was noted that no bond can override the right to maternity leave, which is a facet of the fundamental right under Article 21 of the Constitution of India

High Court Held

The High Court observed that any contract, agreement or bond that penalises a woman for taking maternity leave or tries to deny her this right to that extent is found inconsistent according to Section 27 of the Maternity Benefit Act, 1961.

Further, the High Court observed that the petitioner could not be denied such a right only because the bond was executed by her under the Social Responsibility Service Scheme and did not hold permanent status, as she was also entitled to the same protective umbrella as available to regular employees when it comes to maternity-related entitlement.

The High Court held that the period during which the petitioner was on maternity leave was to be considered as a duty period and the petitioner was entitled to salary for the said period.

Further, the High Court held that, by excluding the maternity leave period, the petitioner had shown readiness and willingness to complete her bond period as Assistant Professor; the same was to be permitted if there was no legal impediment.

List of Cases Referred to

  • Commissioner of Police v. Ravina Yadav 2024 SCC Online Del 4987 (para 24)
  • K. Umadevi v. State of Tamil Nadu (2025) 8 SCC 263 (para 25).

Disclaimer: The content/information published on the website is only for general information of the user and shall not be construed as legal advice. While the Taxmann has exercised reasonable efforts to ensure the veracity of information/content published, Taxmann shall be under no liability in any manner whatsoever for incorrect information, if any.

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

Leave a Reply

Your email address will not be published. Required fields are marked *

«
»

Everything on Tax and Corporate Laws of India

To subscribe to our weekly newsletter please log in/register on Taxmann.com

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