In a clear message to government departments, the Bombay High Court has ruled that short “technical breaks” in service cannot be used as an excuse to deny maternity leave benefits to women employees. The court was dealing with the case of a young assistant professor from a government medical college in Kolhapur who had been made to go without pay during her maternity period, despite working continuously for years.
Background
The petitioner, Dr. Vrushali Vasant Yadav, is an Assistant Professor in the Obstetrics and Gynaecology Department at Rajarshree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur. She has been in service since September 2018, appointed on a temporary basis and continued through repeated short-term extensions.
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In May 2021, when she was eight and a half months pregnant, Dr. Yadav applied for maternity leave from 8 May to 16 September 2021. Her department forwarded the request to higher authorities, but the leave was never sanctioned. Instead, the entire 131-day period was treated as leave without pay, causing a financial loss of over ₹4.3 lakh.
The State authorities argued internally that women doctors appointed temporarily for 120 or 360 days, and given brief breaks of one or two days between extensions, were not entitled to maternity benefits.
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Court’s Observations
When the matter came up before Justices M.S. Karnik and Ajit B. Kadethankar at the Kolhapur bench, the court first noted that the State had failed to file a reply despite multiple opportunities. The bench recorded that it had no option but to proceed on the basis of the uncontroverted facts placed by the petitioner.
On merits, the judges were blunt. The bench observed that denying maternity leave due to “technical breaks” of a day or two was “completely arbitrary and unjust.” It noted that, for all practical purposes, the doctor had worked continuously since 2018.
Referring to Section 5 of the Maternity Benefit Act, the court explained in simple terms that any woman who has worked for at least 80 days in the preceding year is entitled to paid maternity leave. “Even if a woman is working on a temporary basis or daily wages, she cannot be deprived of maternity benefits,” the bench observed, adding that such denial would defeat the welfare purpose of the law.
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The judges also relied on earlier Supreme Court rulings, including the landmark decision in Municipal Corporation of Delhi vs Female Workers (Muster Roll), which extended maternity benefits to women engaged on non-regular terms.
Decision
Allowing the writ petition, the High Court directed the State and medical college authorities to grant Dr. Yadav the full maternity leave benefits as claimed in her 2021 application. The court ordered that the unpaid amount be released within four weeks, failing which it will carry interest at nine percent per annum until actual payment. The petition was disposed of, with the matter listed later only to check compliance.
Case Title: Dr. Vrushali Vasant Yadav vs State of Maharashtra & Others
Case No.: Writ Petition No. 15521 of 2024
Case Type: Civil Writ Petition (Service / Maternity Leave Benefits)
Decision Date: 16 December 2025
