In a significant ruling for contractual employees, the Rajasthan High Court has reaffirmed that maternity leave benefits, including full salary, must be extended to contractual workers in the medical and health department. The judgment underscores the principle that contractual status does not deprive employees of statutory protections during maternity leave, setting a clear precedent for similar cases across Rajasthan.
Background & Facts
The Dispute
The petitioner, Bhawana Kumawat, a 33-year-old contractual Nursing Officer employed under the Medical and Health Department of Rajasthan, was sanctioned maternity leave for 90 days from 01.08.2024 to 31.10.2024. Despite the sanction, the respondents failed to disburse her salary for the leave period, prompting her to approach the High Court under Article 226 of the Constitution of India seeking mandamus.
Key Facts
- The petitioner was engaged as a contractual Nursing Officer under the Medical and Health Department
- She applied for and was sanctioned maternity leave for 90 days (01.08.2024 to 31.10.2024)
- The respondents withheld her salary for the sanctioned leave period
- The petitioner claimed entitlement to salary during maternity leave, relying on prior judgments of the same court
Procedural History
- 01.08.2024 to 31.10.2024: Petitioner availed maternity leave
- Post-31.10.2024: Salary for the leave period was not paid
- 2025: The petitioner likely exhausted administrative remedies before approaching the court
- 2026: Present writ petition (S.B. Civil Writ Petition No. 23466/2025) filed before the Rajasthan High Court
The Parties' Positions
For the Petitioner
The petitioner contended that the denial of salary during maternity leave was arbitrary and contrary to the principles of natural justice and statutory protections. She relied on two prior judgments of the same court:
- Priyanka Sharma v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 198/2023, decided on 29.01.2025), which held that contractual employees are entitled to maternity leave benefits
- Damyanti Kanwar v. State of Rajasthan & Ors. (S.B. Civil Writ Petition No. 2575/2025, decided on 18.02.2025), where the court directed payment of salary for maternity leave within a stipulated period
The petitioner argued that these judgments established a binding precedent, mandating payment of salary during maternity leave for contractual employees.
For the Respondents
The respondents, represented by the Government Counsel, did not contest the petitioner's claim. The counsel appearing for the Medical and Health Department conceded the petitioner's entitlement to salary during the maternity leave period, effectively acknowledging the legal position.
Relief Sought
The petitioner sought the following reliefs:
- A writ of mandamus directing the respondents to pay her salary for the period of maternity leave (01.08.2024 to 31.10.2024)
- Compliance within a reasonable timeframe
The Legal Issue
The central question before the court was whether contractual employees working under the Medical and Health Department of Rajasthan are entitled to full salary during maternity leave, and if so, whether the respondents could be compelled to disburse the same through a writ of mandamus.
The Court's Analysis
The court adopted a precedent-based approach, relying heavily on its earlier judgments in Priyanka Sharma and Damyanti Kanwar. The analysis can be summarized as follows:
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Binding Precedent: The court noted that the issue of maternity leave benefits for contractual employees had already been adjudicated in favour of the employees in Priyanka Sharma. This judgment established that contractual employees are entitled to maternity leave benefits, including salary, on par with regular employees.
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Consistency in Judicial Pronouncements: The court observed that in Damyanti Kanwar, a co-ordinate Bench had followed the ratio of Priyanka Sharma and directed payment of salary for maternity leave. This consistency reinforced the legal position that contractual employees cannot be denied such benefits.
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Non-Refutal by Respondents: The court highlighted that the respondents did not contest the petitioner's claim, which implied an implicit acknowledgment of the legal position. This further strengthened the petitioner's case.
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Equity and Statutory Interpretation: While the judgment does not explicitly cite statutory provisions, the court's reliance on precedent suggests an equitable interpretation of service rules. The court likely inferred that the Maternity Benefit Act, 1961, or analogous service rules, extend to contractual employees, even if not explicitly mentioned.
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Judicial Efficiency: The court disposed of the petition at the admission stage itself, citing the settled legal position. This approach underscores the court's intent to avoid prolonged litigation on issues already resolved by binding precedent.
"Since the matter has already been adjudicated and the issue regarding payment of maternity leave has already been determined in favour of the beneficiary of the leave, this Court is inclined to dispose of the present writ petition at the admission stage itself."
The Verdict
The writ petition was allowed. The court directed the respondents to:
- Pay the petitioner her due salary for the maternity leave period (01.08.2024 to 31.10.2024)
- Ensure compliance within one month from the date of receipt of the order
- No costs were awarded in the circumstances of the case
What This Means For Similar Cases
Contractual Employees Are Entitled to Maternity Benefits
This judgment reaffirms that contractual employees in Rajasthan's Medical and Health Department cannot be denied maternity leave benefits, including full salary. Practitioners should note:
- The binding nature of precedent in service law matters - courts are likely to follow Priyanka Sharma and Damyanti Kanwar in future cases
- Contractual status does not exclude employees from statutory protections during maternity leave
- Employers must proactively disburse salary during maternity leave to avoid writ petitions
Writ Petitions Can Be Disposed of at Admission Stage
- Courts may dispose of writ petitions at the admission stage if the legal issue is settled by binding precedent
- This expedites relief for petitioners and reduces judicial burden
- Practitioners should cite relevant precedents early in their pleadings to facilitate such disposal
Implications for Employers and Government Departments
- Review Service Rules: Departments must ensure their service rules explicitly include contractual employees under maternity benefit schemes
- Compliance Deadlines: The court imposed a strict one-month deadline for compliance - employers must adhere to such timelines to avoid contempt proceedings
- Avoid Arbitrary Denials: Withholding salary during sanctioned maternity leave may now be challenged as arbitrary, exposing employers to legal action
