Sunday, September 25, 2022
HomeMost RecentSC: Maternity leave right can't be taken away if availed earlier for...

SC: Maternity leave right can’t be taken away if availed earlier for non-biological kids

The Supreme Court docket on Tuesday stated {that a} lady’s proper to avail maternity depart can’t be taken away, if she had beforehand availed youngster care depart for her non-biological children.
NEW DELHI: The Supreme Court docket on Tuesday stated {that a} lady’s proper to avail maternity depart can’t be taken away, if she had beforehand availed youngster care depart for her non-biological children.

A bench headed by Justice DY Chandrachud stated the truth that the lady was given youngster care depart can’t be used to disentitle her rights below Central Civil Providers Guidelines (CCS Guidelines). The bench, additionally comprising justice AS Bopanna, added the thing and intent of the grant of maternity depart could be defeated.

The bench stated the provisions of CCS Guidelines concerning maternity depart should be interpreted in step with the thing and intent of the Maternity Profit Act. The petitioner’s two kids had been from husband’s earlier marriage.

The petitioner is working as a nurse on the Postgraduate Institute of Medical Education and Research, Chandigarh (PGIMER), and he or she was denied maternity depart for her organic youngster. The petitioner was instructed that she had already availed such depart for 2 of her elder children.

The respondent’s counsel argued that the restriction on maternity depart to the 2 eldest surviving kids was meant for encouraging smaller households.

The petitioner moved the highest court docket by way of advocate Akshay Verma difficult the Central Administrative Tribunal and the Punjab and Haryana Excessive Court docket order, which dismissed her plea for allowance as per maternity depart advantages within the CCS Guidelines, 2013.

Through the listening to, the bench noticed that petitioner having children from her husband’s earlier marriage was not voluntary. The highest court docket stated the grant of maternity depart is to encourage girls to proceed within the office, and held that appellant is entitled to the grant of maternity depart, and put aside the orders of the excessive court docket and the tribunal.

Chatting with IANS, Verma stated: “Women cannot be denied maternity benefit for her biological child even though she has availed her child care leave for her adopted children.”

Click Here To Join Our Telegram Channel

When you’ve got any considerations or complaints concerning this text, please tell us and the article will probably be eliminated quickly. 

Raise A Concern

RELATED ARTICLES
- Advertisment -

Most Popular