Himachal High Court’s big decision, now mother is given maternity leave even on the birth of third child
Shimla. Himachal Pradesh High Court has given an important decision on a petition related to maternity leave. According to this decision, a government employee mother has the right to take maternity leave even if she has a third child.
A staff nurse of the Health Department had filed a writ petition in Himachal High Court regarding maternity leave. Judge Justice Sandeep Sharma has accepted the writ petition of staff nurse Archana Sharma and declared her entitled to the leave. While hearing the writ petition of Archana Sharma, Sandeep Sharma has asked the state government to immediately give the benefit of maternity leave to the applicant.
Applicant Archana Sharma is serving as a staff nurse in Paonta Sahib Civil Hospital of Sirmaur district. She gave birth to a child on March 5 this year. Sharma applied for maternity leave to the Senior Medical Officer on March 6. According to the applicant, the officer did not take any decision on this maternity leave application. Medical officer did not take any decision
On the first petition of the nurse, the High Court directed the Senior Medical Officer to consider and decide on the applicant’s application within a week as per the law. Despite the High Court’s direction, when the officer did not take any decision, the applicant filed another petition in the High Court. While the petition was pending, the state government said that the applicant does not have the right to get maternity leave because this is her third child.
The Himachal Pradesh government argued in this case that according to the rules, maternity leave is only for two children. Due to this, the medical officer rejected the application of the applicant staff nurse. On this, the High Court has rejected the argument and decision of the state government. Also ordered the state government to give maternity leave to the staff nurse.
