Himachal HC quashes orders curtailing teachers' maternity leave, terms recovery 'wholly impermissible'

Shimla (Himachal Pradesh) [India], August 20 (ANI): The Himachal Pradesh High Court has come to the rescue of a government school teacher whose maternity leave was curtailed midway after her regularisation, ruling that the state could not deny her the full benefit of leave already sanctioned.
Justice Sandeep Sharma, in a detailed judgment delivered on August 11, 2025, allowed the petition filed by Kamini Sharma, a Junior Basic Teacher (JBT), and quashed the government's orders dated December 13, 2021, December 23, 2021, and June 19, 2025.
The Court noted that Sharma, who had given birth on August 21, 2021, was sanctioned for 180 days of maternity leave. However, after her services were regularised on October 21, 2021, she was compelled to join duty the next day by furnishing a medical fitness certificate.
Subsequently, the education department cancelled her sanctioned leave, treating her absence as "extraordinary leave" and even initiated recovery of salary.
"The submission of Medical Fitness Certificate at the time of regularisation, in peculiar facts and circumstances as detailed herein above, could not have given any right to the respondents to curtail the maternity leave of the petitioner granted to her w.e.f. 21.8.2021, for a period of 180 days," Justice Sharma observed in the order.
The judge also criticised the state's conduct in proceeding with recovery despite an interim stay granted by the High Court on January 13, 2022. "Despite afore order, respondents have proceeded to order recovery from the petitioner vide order dated 19.6.2025, which is wholly impermissible given the order passed by this Court," the ruling said.
Holding that the petitioner was entitled to complete her maternity leave till February 2022, the Court directed the government to release all due benefits within four weeks, failing which interest at 6% per annum would be payable from the date the amount fell due. (ANI)