Maternity Leave Cannot Be Denied for Third Child If First Two Born Before Service: Himachal Pradesh High Court

The Himachal Pradesh High Court held that a female government servant cannot be denied maternity leave under Rule 43(1) of the CCS (Leave) Rules, 1972, if her first two children were born before joining service.

The petitioner, a staff nurse who joined in 2019, was denied leave for her third child, born in March 2025. The court noted that since the first two children were born before service, she was entitled to maternity leave.

Referencing the Supreme Court’s ruling in K.Umadevi (2025), the court allowed the petition and directed the Senior Medical Officer to grant the leave.

[Archana Sharma V State of H.P. & Others]