Maternity Leave Not a Break in Service: Bombay HC Rules in Favour of Dentist

In a massive win for women in the medical profession, the Nagpur bench of the Bombay High Court has explicitly ruled that maternity leave cannot be treated as a “break in service”. The division bench, comprising Justices Anil S. Kilor and Raj D. Wakode, emphatically stated that compulsory medical service bonds cannot override a woman’s fundamental right to motherhood.

The Case and the ₹23.58 Lakh Penalty

The ruling came in response to a writ petition filed by Dr. Meenakshi Muthiah, a 28-year-old dental professional from Coimbatore. After completing her MDS, she was appointed as an Assistant Professor in Conservative Dentistry at the Government Dental College and Hospital, Nagpur, under a mandatory 365-day service bond.

During her tenure, she applied for maternity leave from May to September 2024. However, when she attempted to resume her duties, authorities informed her that the leave period would not count toward her bond completion. Citing the ‘Social Responsibility Service Scheme’, the authorities claimed there was no provision for maternity leave during the bond period. Consequently, on January 6, 2025, they slammed her with a massive penalty of ₹23,58,403 for the alleged “non-completion” of her bond.

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The High Court’s Landmark Verdict

The High Court heavily criticized the authorities’ stance and immediately quashed the penalty order. The bench observed:

• “No bond can override the right to maternity leave, which is a facet of fundamental right under Article 21 of the Constitution.”

• Any contract, agreement, or service bond that attempts to penalize a woman for taking maternity leave is legally inconsistent with Section 27 of the Maternity Benefit Act, 1961.

The Court further directed the state to refund the penalty amount within four months (if she had already paid it) and ordered that she be paid her salary for the duration of her maternity leave.