In a significant judgment reinforcing the constitutional and statutory protection of maternity benefits, the Madras High Court has held that maternity leave must be counted as part of compulsory bond service for government doctors, while medical leave cannot be so counted.
Justice G.K. Ilanthiraiyan, delivering the judgment in the case of Dr. Anitha D. vs. The State of Tamil Nadu & Others (2025 LLR WEB 540 ), partly allowed the petitioner’s writ seeking a direction to the State to treat her bond period as completed and return her original educational certificates.
Background of the Case
Dr. Anitha, a government doctor, had executed a one-year compulsory bond service as per Tamil Nadu Medical Service rules after completing her medical studies. During her service, she availed both maternity leave and medical leave, following which she sought the return of her certificates, contending that the entire period — including her leave — should be counted towards the completion of the bond.
The government authorities, however, declined her request, maintaining that the duration of leave, particularly medical leave, could not be included in the bond period, as it constituted non-service duration.
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What Court Held:
The High Court drew a clear distinction between maternity leave and medical leave, observing that maternity leave enjoys constitutional and statutory recognition under Article 42 of the Constitution of India and the Maternity Benefit Act, 1961.
“Maternity leave is a protected right of a woman employee and cannot be treated as an interruption of service,” Justice Ilanthiraiyan noted, adding that the period of maternity leave must be treated as service rendered for the purpose of completing the bond.
However, the Court clarified that medical leave, being availed for personal illness or health reasons, does not carry the same protection and hence cannot be counted as bond service.
The Court directed that the doctor must serve the remaining bond period of four months and twenty-four days before her certificates could be released, thus allowing the writ partially.
The judgment affirms the non-negotiable protection of maternity rights within government service frameworks and sends a strong message against any interpretation that penalises women for availing maternity benefits. At the same time, it underscores that medical leave does not equate to service rendered, ensuring clarity in how bond service periods are computed.
