SUSHMA DEVI Vs. STATE OF HIMACHAL PRADESH
LAWS(HPH)-2021-3-4
HIGH COURT OF HIMACHAL PRADESH
Decided on March 04,2021

SUSHMA DEVI Appellant
VERSUS
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

TARLOK SINGH CHAUHAN, J. - (1.) The short question that arises for consideration in this petition is whether a woman employee working as Language Teacher on contract basis with the Government is entitled to avail maternity leave even in case where she gets the child through arrangement by surrogate parents?
(2.) The petitioner joined as a Language Teacher on contract basis and is currently posted at Government Senior Secondary School, Showad, District Kullu. The petitioner was blessed with a baby on 10.09.2020 through surrogacy treatment from Fortis La Femme Hospital S-549 Alknanda Don Bosco Road, Greater Kailash II, New Delhi. The petitioner had applied for maternity leave to the Principal, Government Senior Secondary School, Showad, District Kullu( respondent No.4), who in turn forwarded the same to 3rd respondent i.e. Deputy Director, Higher Education, Kullu, seeking clarification as to whether the petitioner is entitled for maternity leave on surrogacy. However, no action whatsoever was taken on the application of the petitioner, constraining her to file the instant petition, seeking therein a direction to the respondents to sanction/grant the maternity leave to the petitioner.
(3.) The respondents have filed short reply wherein they have not denied that the petitioner had been blessed with a baby through surrogacy and had applied for maternity leave. The only ground taken for non grant of the leave was that as per Notification of H.P. Government issued vide Finance Department No. Fin.(C)-A(3)-1/2008 Loose dated 21.12.2017, maternity leave is admissible on adoption of a child as per Rule 43(1) of CCS (Leave) Rules 1972 for 180 days, but there is no clarification in the said notification regarding admissibility of maternity leave to a female Government employee on surrogacy.;


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