Maternity Leave Not A Break from Service, Bombay HC Quashes Rs 23.58 lakh bond Penalty on Dentist

While considering a dentist's plea against a penalty imposed for allegedly not completing her bond period after she took maternity leave while serving as an Assistant Professor under the Social Responsibility Service Scheme, the Bombay High Court held that maternity leave is a fundamental right which cannot be treated as a break in service. The bench observed that it cannot be used to penalise a woman for exercising her right to motherhood under Article 21 of the Constitution.

Allowing her writ petition, division Bench of Justice Anil S. Kilor and Justice Raj D. Wakode further stated that the petitioner cannot be denied such a right only because the bond was executed by her under Social Responsibility Service Scheme and not holding permanent status as she is also entitled to the same protective umbrella as available to regular employees when it comes to maternity related entitlement.

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Bombay HC quashes Rs 23.58 lakh bond penalty on dentist, says maternity leave not break in service