The Himachal Pradesh High Court has held that a female government employee who becomes a mother through surrogacy cannot be denied maternity leave merely because she did not give birth to the child herself.
Justice Ajay Mohan Goel allowed a petition filed by Dr. Juhi Manhas, holding that a commissioning mother is entitled to maternity leave on the same footing as any other female government servant under Rule 43(1) of the CCS (Leave) Rules, 1972.
Dr. Juhi Manhas had availed 180 days of maternity leave from September 17, 2020, followed by commuted and earned leave, after becoming a commissioning mother through surrogacy. She subsequently availed maternity leave for her second child from September 27, 2022.
The State authorities refused to grant maternity leave to her on the ground that the DoPT notification extending the benefit in cases of surrogacy had not been adopted by Himachal Pradesh.
The State also relied on the circumstances surrounding her second period of leave and referred to departmental proceedings. The petitioner, however, pointed out that those proceedings had already been closed and she had been exonerated.
The High Court rejected the State's argument regarding non-adoption of the 2024 notification. It relied on its earlier Division Bench judgment in Sushma Devi v. State of HP & Others, which had already recognised the entitlement of a commissioning mother to maternity leave.
The Court observed:
"A mother is a mother, be it by giving birth to a child naturally or being a commissioning mother."
The Court further noted that maternity leave serves the welfare of both the mother and the newborn child. It also referred to the constitutional protection relating to maternity relief and the purpose of maternity leave in protecting motherhood and allowing the mother and child to develop a bond.
The Court also pointed out that Himachal Pradesh had itself provided 180 days of child adoption leave to female government servants adopting children below one year of age. Against that background, it found no sustainable basis for denying maternity leave to a commissioning or surrogate mother.
The Court allowed the writ petition and quashed Annexures P-22 and P-23, which had denied the petitioner maternity leave.
It directed the authorities to treat 180 days spent on leave after the birth of each of her two children as maternity leave. Leave taken immediately thereafter was to be treated as leave due under Rule 43(4). The Court also directed adjustment of 32 days of earned leave, where due, and ordered release of the petitioner's withheld salary, preferably within two months.
Case Title: Dr. Juhi Manhas v. State of H.P. & Ors.
Case Number: CWP No. 14883 of 2025
Judge: Justice Ajay Mohan Goel
Decision Date: 3 August 2026
