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Himachal Pradesh High Court Restores Teacher’s Full Maternity Leave, Quashes State Orders

The court ordered the government to release all pending benefits within four weeks with 6% annual interest if payment is delayed.

Overview

  • Justice Sandeep Sharma delivered the judgment on August 11, 2025, holding that the state could not deny the benefit of already sanctioned maternity leave.
  • The court struck down government orders dated December 13, 2021, December 23, 2021, and June 19, 2025, which curtailed leave and sought salary recovery.
  • It ruled that submitting a medical fitness certificate at the time of regularisation did not permit curtailment of the 180-day leave granted from August 21, 2021.
  • The bench affirmed maternity leave as a statutory right and declared salary recovery for the sanctioned period impermissible, criticizing action taken despite a January 13, 2022 interim stay.
  • The ruling is expected to aid similarly placed women teachers by safeguarding continuity of service, salary, and other benefits during maternity leave.