The Madras High Court ruled that maternity leave taken by a doctor during compulsory government service must be included in the bond period. The verdict reinforces the protection of maternity rights under the Constitution and the Maternity Benefit Act, 1961.
The case was brought forward by Dr. E. Krithikaa, who completed her MBBS in 2014 and later pursued a postgraduate degree in General Surgery at Thanjavur Medical College. As per the Tamil Nadu medical admission prospectus for the 2016–2019 session, she signed a bond of ₹40 lakhs agreeing to serve in a government hospital for two years. She also submitted her original certificates to the college.
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After completing her PG in 2019, Dr. Krithikaa was appointed as an Assistant Surgeon at Thittakudi Government Hospital. She served for 12 months but later availed maternity leave. Despite this, the authorities refused to return her original certificates, arguing that she had not completed the full bond period of 24 months.
Initially, the writ petition filed by Dr. Krithikaa was dismissed by the Single Judge bench, stating that maternity leave could not be considered part of active service. Challenging the decision, she filed a writ appeal before a division bench comprising Justice G.R. Swaminathan and Justice K. Rajasekar.
Quoting legal precedents and constitutional provisions, the court emphasized that:
“Maternity leave is integral to maternity benefit and forms a facet of Article 21.”
The court further said:
“The fact that the appellant was only in the service of the government without being a regular employee is irrelevant. When the fundamental right of the appellant is involved, she is entitled to the protective umbrella of not only Article 21 but also Article 14.”
The bench cited multiple Supreme Court judgments, including Kavita Yadav v. State (NCT of Delhi) and K. Uma Devi v. Government of Tamil Nadu, highlighting that maternity benefits override any contractual restrictions. These rulings affirm that reproductive rights are a dimension of personal liberty under Article 21.
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The High Court clearly stated:
“This condition has to give way to the rights conferred on women under the Maternity Benefit Act, 1961. Any attempt to enforce the contract duration term during the maternity leave period would attract the embargo under Section 12(2)(a) of the Act.”
The judgment concluded by allowing the writ appeal, setting aside the earlier order, and directing the authorities to return Dr. Krithikaa’s original certificates within four weeks. The Court powerfully reiterated:
“They also serve who only stand and wait,” applying this principle to Dr. Krithikaa’s maternity period, recognizing it as legitimate government service.
Case Title: Dr. E. Krithikaa v. The State of Tamil Nadu & Others