‘No bond can override maternity leave’: Bombay HC cancels Rs 23.6 lakh bond fine

Nagpur: The Nagpur bench of the Bombay High Court has ruled in favour of a dental professional, quashing a Rs 23.58 lakh penalty imposed for allegedly not completing her bond period as an Assistant Professor under the Social Responsibility Service Scheme. The court emphasised that maternity leave is a fundamental right and cannot be treated as a break in service.

Background of the case

The petitioner, a 28-year-old dental professional from Coimbatore, completed her BDS from The Tamil Nadu Dr. M.G.R. Medical University in 2018 and her MDS in Conservative Dentistry and Endodontics in 2023. She was appointed as an Assistant Professor at the Government Dental College and Hospital, Nagpur, with a one-year bond from December 11, 2023, to December 10, 2024.

During her tenure, she applied for maternity leave from May 1 to September 30, 2024, and did not receive salary during this period. After her leave, she sought to resume duty and complete the bond period. The authorities, however, instructed that her maternity leave would not count towards the bond period and warned that failure to complete the extended service period would result in a financial penalty of Rs 23.58 lakh.

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Court’s observations

A division bench of Justices Anil Kilor and Raj Wakode observed that maternity leave is a fundamental right connected to dignity, health, and reproductive choice under Article 21 of the Constitution. The judges noted that the period around childbirth is vital for the health of both mother and child, and maternity leave allows women “to take time from their job, give birth, recover, and care for the newborn without fear of losing employment.”

The court highlighted Section 27 of the Maternity Benefit Act, 1961, which states that the Act’s provisions override any inconsistent contract, agreement, or service rule. “No bond can override the right to maternity leave, which is a facet of the fundamental right under Article 21,” the judges emphasised.

Outcome

The High Court quashed the Rs 23.58 lakh penalty and directed that any amount already paid be refunded within four months. The petitioner is also entitled to her salary for the maternity leave period. Authorities were instructed either to allow her to complete the remaining bond period or issue a certificate treating the bond as completed.

This ruling reinforces the principle that service bond obligations cannot penalise women for exercising their maternity rights and upholds the legal protections provided under the Constitution and the Maternity Benefit Act.