The Rajasthan High Court has directed the state authorities to grant 180 days of maternity leave to a government school teacher, with full salary and consequential benefits. Justice Anoop Kumar Dhand allowed Pooja Yadav’s writ petition, holding that the circumstances of her case warranted the relief despite her having taken child care leave after joining a new school.
The court also directed that the maternity leave period must not be treated as a break in service and that child care leave already availed must be credited back to her child care leave account.
Background
Pooja Yadav was working as a Teacher Grade-III at a government school in Barmer district when she applied for maternity leave from September 1, 2023. The authorities sanctioned 34 days of leave. She gave birth to a child on September 27, 2023, and subsequently joined another government school in Pur, Khairthal-Tijara district, on October 6, 2023.
According to her case, she requested the authorities at the new school to grant the remaining maternity leave. When her request was not acted upon, she applied for child care leave, which was sanctioned on three occasions. She later approached the High Court seeking 180 days of maternity leave under Rule 103 of the Rajasthan Service Rules, 1951, along with salary for the relevant period.
The state opposed the petition, arguing that no application for maternity leave had been submitted after she joined the new school. It maintained that she had sought child care leave instead.
The court noted that the record did not contain documentary proof of a maternity leave application submitted to the authorities at the new school. However, the petition stated that Yadav had made such a request and turned to child care leave after receiving no response.
Emphasising the purpose of maternity leave, the court observed,
“If maternity means motherhood, then the object of maternity leave is to protect the dignity of motherhood by providing for full and healthy maintenance of the woman and her child.”
The court also highlighted the constitutional protection available to motherhood and childhood, observing that Article 21 of the Constitution includes the right to motherhood and the right of every child to full development.
It further noted that Yadav had already been granted maternity leave at her previous posting and had sought assistance from the authorities after joining the new school.
Allowing the writ petition, the High Court directed the respondents to grant Yadav 180 days of maternity leave with effect from September 1, 2023, under the Rajasthan Service Rules, 1951. It ordered that the period would not count as a break in service and directed the authorities to extend her full salary and all consequential benefits.
The court further directed that the child care leave already availed must be excluded from the maternity leave period and credited to her child care leave account.
The stay application and all pending applications were also disposed of.
Case Details
- Case Title: Pooja Yadav v. State of Rajasthan & Others
- Case Number: S.B. Civil Writ Petition No. 17955/2023
- Judge: Justice Anoop Kumar Dhand
- Decision Date: October 8, 2026
