‘Not A Break From Service’: Bombay HC Upholds Maternity Leave Rights, Quashes Rs 23.6 Lakh Bond

Last Updated:March 10, 2026, 09:44 IST

The court quashed the Rs 23.58 lakh penalty and directed that, if already paid, it must be refunded to the petitioner within four months of the order.

The Nagpur bench of the Bombay High Court, while hearing a dentist’s plea against a penalty for allegedly not completing her bond period as an Assistant Professor under the Social Responsibility Service Scheme, held that maternity leave is a fundamental right and cannot be considered a break in service.

The bench noted that a woman cannot be penalised for exercising her right to motherhood under Article 21 of the Constitution.

A division bench of Justices Anil Kilor and Raj Wakode passed the ruling while allowing a writ petition filed by a 28-year-old dental professional from Coimbatore, quashing a Rs 23.6 lakh penalty imposed for allegedly not completing a compulsory bond period.

The court ruled 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 said.

The court quashed the Rs 23.58 lakh penalty and directed that, if already paid, it must be refunded to the petitioner within four months of the order. Additionally, the petitioner will be paid her salary for the maternity leave period.

The petitioner, a dental professional, completed her BDS from The Tamil Nadu Dr. M.G.R. Medical University in 2018 and went on to finish her one-year Compulsory Rotatory Internship at Chettinad Dental College and Research Institute, Kanchipuram, from October 2018 to October 2019.

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

The petitioner had been recommended for appointment as an Assistant Professor in Conservative Dentistry at the Government Dental College and Hospital, Nagpur, for a 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.

After completing her leave, she wrote to the authorities seeking permission to resume duty and complete the bond period, also stating she did not receive salary during the maternity leave.

However, the DMER notified the college that the five-month maternity leave would not be counted toward the bond period and instructed that the petitioner must serve an equivalent duration to receive her bond completion certificate.

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

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

The judges highlighted that maternity leave enables a woman “to take time from her job, give birth, recover, and care for the newborn without fear of losing her employment," noting that the period around childbirth is vital for the health of both mother and child.

They cited Section 27 of the Maternity Benefit Act, 1961, which makes clear that the provisions of the Act override any inconsistent agreement, service rule, or contract.

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

Allowing the petition, the High Court quashed the penalty order dated January 6, 2025, and directed that any amount already paid be refunded within four months.

The judges further instructed the authorities to either allow her to complete the remaining bond period, if feasible, or issue a certificate treating the bond as completed.

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