- विज्ञापन -
The Himachal Pradesh High Court said that depriving a female employee of a higher pay scale due to maternity leave is unconstitutional and discriminatory. The High Court quashed the decision taken by the respondent/government on July 1, 2019, under which it was decided to deprive the petitioner of the benefit of higher pay scale. The court has directed that all the actual financial and other service benefits of the higher pay band be given to the petitioner by July 15, 2025 at an interest rate of six per cent per annum.
These benefits will be given from May 12, 2019. A division bench of Justice Vivek Singh Thakur and Justice Ranjan Sharma said that maternity leave is not for sickness or recreational leave, but it is a necessary leave taken by the woman to fulfill her natural responsibility.
Maternity leave cannot be excluded from the service period. The female employee will be considered on duty for all service benefits even during this period. The bench also clarified that no rule says that a female employee on maternity leave will not be given a salary increment.
The petitioner woman is a clerk. The petitioner went on maternity leave before completing two years of regular service. Due to this, the government refused to give the petitioner the benefit of higher pay scale. The petitioner was entitled to higher pay scale on completion of two years of regular service. The woman employee challenged the government’s decision to deprive her of the financial benefit of higher pay scale due to maternity leave in the High Court.
