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ARTICLE · 30 JULY 2023

Maternity Leave: Right To Dignity And Life

S.S. Rana & Co.
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"Maternity Leave cannot be compared or equated with any other leave as it is the inherent right of every woman employee which cannot simply be denied on technical grounds"

IndiaEmployment and HR
Anuradha Gandhi
Anuradha Gandhi
Isha Sharma
Isha Sharma
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"Maternity Leave cannot be compared or equated with any other leave as it is the inherent right of every woman employee which cannot simply be denied on technical grounds"

-As rightly observed by Hon'ble Mr. Justice Sashikanta Mishra on July 21, 2023.

A landmark judgment has been passed by the Hon'ble Orissa High Court on July 21, 2013, wherein it was held that the refusal to grant maternity leave to a female employee is "an assault on her dignity as an individual and right to life".

The instant case is of Swornalata Dash, who was an assistant teacher in the Practicing Girls' High School, Keonjhar, an aided educational institution. On June 17, 2023 she applied for maternity leave from June 17, 2013 till December 13, 2013. She delivered a female child on August 20, 2013 and remained on leave till December 13, 2013. She then resumed her duties on December 14, 2013 and applied for sanction of maternity leave but the same was denied by the District Education

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