Jabalpur-based Madhya Pradesh High Court has given an important decision saying that female guest faculty cannot be deprived of salary during maternity leave. The court has given its decision in favor of the petitioner and has given instructions to grant 26 weeks of paid leave.
A single bench of Justice Vishal Dhagat gave this decision citing the provisions of the Maternity Benefit Act 1961. The court clarified that the female employee has the right to salary during maternity leave.
Dr. Preeti Saket had filed the petition
Senior advocate Rameshwar Singh Thakur, advocate Hitendra Golhani and Kajal Vishwakarma presented the side on behalf of Dr. Preeti Saket, who was working as guest faculty in Government Tilak PG College, Katni. He said that the petitioner was earlier sanctioned 6 months’ maternity leave with salary.
The college later changed the order
On June 16, 2023, the college administration amended the order and said that no honorarium will be given during the vacation period. Challenging this amended order, the petitioner filed a petition in the High Court.
Petitioner’s argument
It was argued on behalf of the petitioner that under the Maternity Benefit Act 1961, every female employee has the right to receive salary during maternity leave. Stopping the honorarium by amending the order by the administration is against the law and a violation of the rights of the female employee. It was also alleged that the petitioner was being harassed because of his social background.
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State Government’s side
The state side said that guest faculty is a temporary appointment. According to the relevant government circular, there is no provision to give them honorarium, hence the earlier order was amended. After hearing the arguments of all the parties, the High Court, giving priority to the rights of the female employee, directed the petitioner to be given 26 weeks of paid maternity leave.