The Delhi High Court has held that maternity protection in employment is not limited to preserving a woman’s salary or job title. A woman returning from maternity leave is ordinarily entitled to return to the same position, and if that is genuinely not possible, to an equivalent role with substantially similar pay, status, responsibilities and career prospects.
Justice Sachin Datta delivered the judgment on August 31, 2026, in a petition filed by Chartered Accountant Rakhi Bisht against the Union of India and another respondent.
Background Of The Case
Bisht had joined respondent no. 2 as Manager, Accounting in 2022 at a monthly salary of ₹2.6 lakh. She stated that after informing the management about her pregnancy, her professional responsibilities were changed and she was moved to another team.
She went on maternity leave in December 2023 and returned in July 2024. By then, her earlier position had been given to another employee. She was instead assigned work in the Treasury Department, which she claimed was substantially different from her earlier managerial responsibilities.
The employer disputed the allegation of demotion, maintaining that her designation, salary and managerial level remained unchanged and that the Treasury assignment was temporary and consistent with her experience.
Court’s Observations
The High Court found that the employer’s own records showed that Bisht’s earlier position had been filled during her maternity leave and that there had been no proper consultation or written explanation regarding her return.
The Court observed that the employer had only begun looking for work for her shortly before she resumed duty. It noted that colleagues were asked whether they had “something” or “anything” that could be assigned to her, rather than a defined position corresponding to her earlier role.
The Court also found that the creche facility was not functional when required, holding that an unavailable facility did not satisfy the statutory obligation under Section 11-A of the Maternity Benefit Act.
Importantly, the Court held:
“A woman returning from maternity leave is ordinarily entitled to be restored to the post held by her immediately prior to proceeding on such leave.”
The Court further held that protection against disadvantageous changes in service conditions covers duties, functional status, reporting hierarchy, supervisory responsibilities and consideration for promotion—not merely salary and designation.
Decision
The High Court directed respondent no. 2 to pay Bisht ₹10 lakh as compensation and ₹1.5 lakh towards costs within eight weeks. Failure to pay within that period would attract 9% annual interest from the date of judgment.
The Court also directed the Union of India to frame rules, schemes or directions within six months for effective implementation of maternity protections, including role protection after maternity leave, lactation support, creche functionality and grievance redressal.
The petition was accordingly disposed of.
Case Details
Case Title: Rakhi Bisht v. Union of India and Anr.
Case Number: W.P.(C) 14785/2024
Judge: Justice Sachin Datta
Decision Date: August 31, 2026
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