MEENAKSHI MUTHIAH vs STATE OF MAHARASHTRA, THR. SECRETARY, DEPARTMENT OF MEDICAL EDUCATION AND DRUGS, MUMBAI AND ORS.

2026:BHC-NAG:3813-DB
Judgment 1 WP3319-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 3319 OF 2025
Dr. Meenakshi Muthiah,
Aged about 28 years, Occ. : Service,
R/o. Flat No.307, Sree Daksha Darza
Apartment, Nava India, Coimbatore,
Tamil Nadu.
…. PETITIONER.
// VERSUS //
1. State of Maharashtra, Through Secretary,
Department of Medical Education and
th
Drugs, 9 Floor, New Building, G.T.
Memorial Hospital Complex, Lokmanya
Tilak Road, Mumbai – 400 001.
2. State of Maharashtra, Through its Director,
Directorate of Medical Education & Research,
th
4 Floor, Government Dental College &
Hospital, St. George’s Hospital Compound
Railway Station, PD’Mello Road, Near CSMT,
Chhatrapati Shivaji Terminus Area, Fort,
Mumbai, Maharashtra – 400 001.
3. The Government Dental College & Hospital,
Nagpur, Through its Dean, Government
Medical College Campus, Medical Square,
Nagpur – 440 003.
…. RESPONDENTS .
______________________________________________________________
Shri A.M.Sudame, Advocate for Petitioner.
Shri N.S.Rao, A.G.P. for Respondent/State.
______________________________________________________________

Judgment 2 WP3319-2025.odt
CORAM : ANIL S. KILOR AND
RAJ D. WAKODE, JJ.
DATED : FEBRUARY 25, 2026.
ORAL JUDGMENT : (Per : Anil S. Kilor, J)
1. Heard.
2. RULE. Rule made returnable forthwith. Heard finally by
consent of the learned counsel for the parties.
3. The impugned imposition of penalty of Rs.23,58,403/- on the
petitioner for not completing the bond period of 365 days as an Assistant
Professor after completion of Master of Dental Surgery (MDS), has gave a
cause to the petitioner to file this petition raising a challenge to the above
referred imposition of penalty.
Brief facts of the present case are as under :
4.
The petitioner completed her Bachelor of Dental Surgery
(BDS) from The Tamil Nadu Dr. M.G.R. Medical University, Chennai in
the year 2018. Thereafter she did ‘Compulsory Rotatory Internship’ for
one year from 03/10/2018 to 02/10/2019 from Chettinand Dental

Judgment 3 WP3319-2025.odt
College and Research Institute, Kanchipuram, Tamil Nadu. Thereafter
she appeared for National Entrance Eligibility Test (NEET) - Masters in
Dental Surgery (MDS) and accordingly enrolled in the said course and
completed her MDS Part-II in Conservative Dentistry & Endodontics in
the year 2023.
5.
The respondent No.2 published vacancy list for online
allotment for ‘Government Social Responsibility Service’ (Bond Service)
to MDS degree holders on 02/11/2023. In the said list 14 seats were
shown as vacant in respondent No.3 college. Out of those 14 seats one
seat was for Assistant Professor with the subject of ‘Conservative
Dentistry’.

6.
The respondent No.2 recommended name of the petitioner for
‘Social Responsibility Service’ on the post of ‘Assistant Professor’ in
‘Conservative Dentistry’ for one year, to the respondent No.3.
Thereupon the respondent No.3 vide order dated 12/12/2023 appointed
the petitioner as ‘Assistant Professor’ a candidate for Bond Period of 365
days w.e.f. 11/12/2023 to 10/12/2024. The petitioner joined services on
13/12/2023 in the respondent No.3 college.

Judgment 4 WP3319-2025.odt
7. It is the case of the petitioner that in the month of March 2024
she came to know that she was pregnant. Thereupon, on 20/04/2024 the
petitioner made an application to the respondent No.3 for grant of
maternity leave from 01/05/2024 till 30/09/2024.
8. On 17/06/2024 the petitioner gave birth to a baby girl.
Thereafter on 22/10/2024 the petitioner requested to the respondent
No.3 to allow her to complete the bond period up to 12/12/2024
following the maternity leave. She further informed that during the
maternity leave period she did not get her salary.
9.
On 18/12/2024, the Director, Medical Education and Research
issued a letter to the respondent No.3 regarding Bond Completion
Certificate of the petitioner, stating that the petitioner is required to
complete the five months’ period during which she was on maternity
leave to receive the Bond Completion Certificate and if the said period is
not completed, a penalty of Rs.22,94,699/- be imposed.
10.
Thereafter on 21/12/2024 a calculation sheet was prepared and
an amount of penalty to the tune of Rs.23,58,403/- came to be
determined and thereupon an order was issued to the petitioner, on

Judgment 5 WP3319-2025.odt
06/01/2025 by the respondent No.3, to pay the penalty of
Rs.23,58,403/- for not completing the bond period. The same is under
challenge in this writ petition.
11. We have heard the learned counsel for the respective parties.
12.
Shri Sudame, learned counsel for the petitioner argues that the
maternity leave is a fundamental right enshrined under Article 21 of the
Constitution of India and denying such maternity leave is nothing but
violation of the human dignity. It is argued that for the care of mother
and also the child, absence from employment of a woman before and after
the child birth, is necessary. It is a bounden duty of any employer to be
responsive to the physical difficulties, which a woman would face in
performing her duties at the work place while carrying a baby in her
womb or while bringing up a child after birth. It is, therefore, argued that
imposition of penalty is in violation of Article 21 of the Constitution of
India.
13. On the other hand, the learned A.G.P. argues that there is no
provision under the ‘Social Responsibility Service Scheme’ to grant
maternity leave during the bond period. It is argued that the Government

Judgment 6 WP3319-2025.odt
Resolution dated 08/02/2008 stipulates penalty in case the candidate
fails to complete the bond period and accordingly the respondent No.3
rightly imposed penalty on the petitioner for not completing the bond
period. It is further argued that the fact of pregnancy was suppressed by
the petitioner while joining as ‘Assistant Professor’, a candidate of the
bond period. He, therefore, submits that as there is no provision to grant
such maternity leave, during the bond period and since the provisions of
the Maternity Benefit Act, 1961 (hereinafter referred to as “the Act of
1961”) is not applicable to the petitioner, no illegality has been
committed in imposing the penalty. Accordingly, he prays for dismissal
of the present writ petition.
14.
In light of the rival submissions, we have perused the record.

15. It is evident from the record that after completion of MDS, the
petitioner applied under the ‘Social Responsibility Service’ for the post of
‘Assistant Professor’ in ‘Conservative Dentistry’ with the respondent No.3
College and accordingly her appointment was made for the bond period
of 365 days w.e.f. 11/12/2023 to 10/12/2024. The petitioner joined on
13/12/2023 and as such her period was counted as 13/12/2023 to
12/12/2024.

Judgment 7 WP3319-2025.odt
16. The object and purpose of Compulsory Rural Service Bond for
medical professionals is that the students who are benefited from the
infrastructure provided by the Government at the fraction of total
expenses, shall contribute back to the community by rendering public
service.
17.
The fees charged per year from the students undergoing post
graduate as well as super-speciality courses is only a fraction of the total
expenses on the medical education incurred for each such student every
year. As a matter of its social policy, the State Government does not
charge fees commensurate with the cost of medical education from
students, who pursue their M.B.B.S. degrees or post-graduation and
super-specialization in government and municipal medical colleges.
Admissions to such colleges are highly regarded because of the exposure
and knowledge which students gain in the course of their medical studies
in those institutions. The State spends a considerable amount of money
in providing subsidized medical education. As a condition attaching to
the provision of subsidized medical education, the State legitimately
asserts that on the completion of their studies, such doctors should be
required to render public service either in government or municipal
medical colleges or in the defence services.

Judgment 8 WP3319-2025.odt
18. Now, reverting back to the facts, the petitioner was required to
go on maternity leave during the bond period. The maternity leave refers
to absence from employment of a woman before and after the child birth.
It includes pre-natal leave, post-natal leave, protection from dismissal
during pregnancy and leave period and right to return to the same
position.
19. Such leave was asked for due to unavoidable circumstance,
namely, motherhood does not end on the birth of the child, as newly born
child needs continuous attention of the mother. Initially some days are
the most crucial period which the child requires care. The period of
pregnancy and shortly thereafter is a crucial period for not just health of
the mother but, also for the development of overall personality, the child
would acquire and develop.
20.
The petitioner was on maternity leave between 01/05/2024 and
30/09/2024 and when she made a request to resume the duties to
complete the bond period, the impugned penalty came to be imposed on
her for not completing the bond period, by not treating the leave period
as duty period.

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21. According to the respondent authority, such action is justifiable
for the reason that the Act of 1961 does not apply and there is no
provision for granting such maternity leave during the bond period.
22. Thus, in the matter at hand a question arises for consideration is
whether the maternity leave is a right and if the answer is ‘Yes’, whether it
overrides the regulations or any instructions or guidelines in case there is
no provision for maternity leave.
23. To answer this, it may be beneficial to reiterate the law as laid
down by the Hon’ble Supreme Court of India in various matters.
24. The Delhi High Court in the case of Commissioner of Police v.
Ravina Yadav, reported in (2024) SCC OnLine Del. 4987, elaborated on
the physiological and psychological impact of pregnancy and early
infancy, recognizing that maternity leave protects not only the mother’s
dignity but also the child’s neurological and emotional development. The
Court acknowledged that early maternal bonding is critical for long-term
cognitive and emotional health and in paras 12 to 15 has held thus :
“12.The purpose of the maternity leave is to ensure that a working lady
may overcome the state of motherhood honourably, peaceably and
undeterred by the fear of being victimized for forced absence from
work during pre and post natal period. Women, even otherwise
constituting sizeable part of workforce in our society, must be treated

Judgment 10 WP3319-2025.odt
with honour and dignity at places where they work to earn livelihood.
Whatever be the nature of their job and the workplace, they must be
provided all facilities to which they are entitled. Motherhood, being the
most natural phenomena in the life of a woman and an indispensable
requisite for continuation of human race, whatever is needed to
facilitate birth of her child while she is in service, it is the bounden duty
of the employer to be sensitive and responsive to the physical
difficulties which she would face in performing her duties at the
workplace while carrying a baby in her womb or while bringing up the
child after birth.
13. It is a matter of common knowledge that pregnancy brings about
major physiological changes in the body as well as psychological
changes in mind of the women, ranging from morning sickness to
enlargement of abdomen, coupled with mood swings and bouts of
depression. Pregnancy also restricts movement of the lady carrying the
child as it progresses through the term. In case complications arise
during the term, movement of the pregnant lady may get completely
stalled. It is for these reasons that a pregnant lady is granted maternity
leave in government as well as non-government establishments. The
difficulties get aggrandized when the pregnant lady is in a nuclear
family, where she has to take care of all basic needs of her husband and
children. But understanding of maternity cannot be uni-dimensional,
keeping in context only the pregnant lady. The child from womb to
infancy is an integral part of the concept of maternity, insofar as
immediately from the birth moment across the stages of infancy the
child undergoes extensive physical, physiological and psychological
development, which would have significant bearing on her adulthood.
14. Therefore, not just motherhood, it is also the childhood that
requires special attention. The health issues of both-mother as well as
the child are to be kept in consideration while providing maternity
leave, aimed at protecting the dignity of motherhood by providing for
full and healthy maintenance of the woman and her child. The
maternity leave is intended to achieve the object of ensuring social
justice to women and children. This kind of leave ensures creation of a
bond of affection between the mother and the child. A child sees the
world for the first time through the eyes of her mother and develops
her cognitive skills through the vision of her family. In earlier centuries,
predominantly, in agrarian society, the role of woman was limited to
taking care of children, household and family. Social conditions of
modern family underwent transformation due to education,
industrialization and urbanization. As a result, the social and legal
concept related to the society also got changed. Motherhood has
become a contentious issue in the modern society, particularly, in
economic frontier, as the competing market interests override notions
of culture and social justice like gender equity. Identity of a women is
often tangled within the patriarchal structure of a profit motivated
enterprise which dare to see mothering or family responsibility remain

Judgment 11 WP3319-2025.odt
subordinate to their interest. Complexity of working environment as
above is designed by an architecture without adhering to rules of
gender equity; often overwhelmingly to suit men.
15. …
15.1. It is scientifically well established that the period of pregnancy and
shortly thereafter is a very crucial period for not just health of the
mother, but also for development of overall personality, the child would
acquire and develop even across her adulthood. During the gestation
period, mother and the foetus share many things. The mother's womb
and placenta are replete with all the nutrients and warmth needed for
the foetus. Just after birth, the infant needs the same warmth. It is the
chest of the mother that provides the same warmth, offering an
optimum body temperature and allowing the infant to consume energy,
thereby controlling the infant's body temperature. The close touch
between the mother and the child produces a sense of security in the
infant, which gives them a surety that they are secure and in safe hands.
The skin-to-skin touch assists in balancing blood sugar levels in the
infant, thereby reducing the risk of hypoglycemia.
15.2. The early infancy environment and changes have lasting effect on
the development of brain in the child. Researchers across the world
have observed that infants begin to bond with their mother from the
moment of birth, and this social bond continues to provide regulatory
emotional functions throughout adulthood. It is part of well
documented research that children from deprived surroundings like
orphanages have vastly different hormone levels as compared to their
parent-raised peers. For instance, in Romania during 1980s, in target
group aged 6 to 12 years, levels of the stress hormone Cortisol were
found much higher in children who lived in orphanages for more than
eight months as compared to those who were adopted at or before the
age of four months.
15.3. Other researches show that children who experienced early
deprivation of maternal touch had different levels of Oxytocin and
Vasopressin (hormones that have been linked to emotion and social
bonding), despite having spent an average of three years in a family
home and this environmental change into a home does not seem to
have completely overridden the effects of earlier neglect, according to
medical researches published in the year 2005 in the proceedings of the
National Academy of Sciences, University of Wisconsin. The
Vasopressin and Oxytocin neuropeptide systems, which are critical in
the establishment of social bonds and regulation of emotional behaviors
are affected by early social experience.
15.4. The results of various experiments suggest a potential mechanism
whose atypical function may explain the pervasive social and emotional
difficulties observed in many children who have experienced aberrant
care giving. The social attachments formed between human infant and
her caregiver begin very early in postnatal life and play a critical role in

Judgment 12 WP3319-2025.odt
child's survival and healthy adaptation. Typically, adults provide infants
with a social environment that is fairly consistent. Caregivers learn how
to recognize and respond to the infants' needs, thereby creating
predictable contingencies in the environment; these regularities, in
turn, make the infants' environment secure and conducive to further
social learning. Multiple perceptual, sensory, cognitive, and effective
systems must become synchronized so that a social bond can develop
between an infant and caregiver; this bond is then reflected in the
child's adaptive behavioral responses to the environment. {Reference:
Paper published by the team of Department of Psychology, University
of Wisconsin, led by Alison B Wismer Fries. ”
25. The Hon’ble Supreme Court of India in the case of K. Umadevi
..vs.. Government of Tamil Nadu & Ors, reported in (2025) 8 SCC 263,
has held thus :
“37. Section 27 of the Maternity Benefit Act is also relevant. It deals
with effect of laws and agreements inconsistent with the Maternity
Benefit Act and declares that provisions of the Maternity Benefit
Act shall have effect notwithstanding anything inconsistent
therewith contained in any other law or in terms of any award,
agreement or contract of service, whether made before or after the
coming into force of the Maternity Benefit Act.
38. The objective of maternity leave has been expounded by this
Court in B. Shah v. Labour Commr. [B. Shah v. Labour Commr.,
(1977) 4 SCC 384 : 1977 SCC (L&S) 560 : AIR 1978 SC 12] This
Court observed that maternity leave legislation is intended to
achieve the object of doing social justice to women workers. It
enables a woman worker not only to subsist but also to make up her
dissipated energy, nurse her child, preserve her efficiency as a
worker and maintain the level of her previous efficiency and output.
39. …
40. Universal Declaration of Human Rights was adopted by the
United Nations in the year 1948. Article 25 thereof has got two
clauses. Clause (1) says that everyone has the right to a standard of
living adequate for the health and well-being of himself and of his
family. This includes food, clothing, housing, medical care, etc.
However, Article 25(2) is relevant which is as under:
“25. (2) Motherhood and childhood are entitled to special care and
assistance. All children, whether born in or out of wedlock, shall
enjoy the same social protection.”

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Thus, Article 25(2) of the Universal Declaration of Human Rights
recognises that motherhood and childhood are entitled to special
care and assistance. This principle acknowledges State intervention
and support for maternity related entitlements.
47. A Maternity Protection Convention was held on 30-5-2000 at
Geneva under the aegis of the International Labour Organization.
General Conference of the International Labour Organization
adopted the proposals of the said Convention on 15-6-2000.
International labour standards have long recognised maternity
protection as essential for promoting workplace equality and
safeguarding maternal and child health. This Convention applies to
all employed women including those in atypical forms of
dependent work.
48. Article 4 of this Convention deals with maternity leave. As per
clause (1), a woman to whom the said Convention applied shall be
entitled to a period of maternity leave of not less than 14 weeks. As
per clause (4), maternity leave shall include a period of 6 weeks'
compulsory leave after childbirth for the protection of the health of
the mother and that of the child. Clause (5) clarifies that the
prenatal portion of maternity leave shall be extended by any period
elapsing between the presumed date of childbirth and the actual
date of childbirth, without reduction in any compulsory portion of
post-natal leave.
49. Under Article 8(1) of the Convention, it shall be unlawful for
an employer to terminate the employment of a woman during her
pregnancy. As per clause (2), a woman is guaranteed the right to
return to the same position or an equivalent position paid at the
same rate at the end of her maternity leave.
57. In a recent decision, the Delhi High Court in Delhi Police v.
Ravina Yadav [Delhi Police v. Ravina Yadav, 2024 SCC OnLine
Del 4987] explained the purpose of maternity benefit. It is to
ensure that a working lady may overcome the state of motherhood
honourably, peaceably and undeterred by the fear of being
victimised for forced absence from work during pre- and post-natal
periods. Women now constituting a sizable portion of the workforce
in our country, must be treated with honour and dignity at places
where they work to earn their livelihood.
58. The High Court in Raveena Yadav case [Delhi Police v. Ravina
Yadav, 2024 SCC OnLine Del 4987] went on to explain the impact
of pregnancy on the physiological and psychological state of a
woman employee undergoing pregnancy. It is not just motherhood
but also childhood that require special attention. Health issues of
both mother as well as that of the child are to be kept in

Judgment 14 WP3319-2025.odt
consideration while providing maternity leave. Concept of
maternity leave is a matter of not just fair play and social justice but
is also a constitutional guarantee to the women employees of this
country towards fulfilment whereof the State is bound to act.”
26.
To summarize, it may be noted that, it is now well settled that
right to life guaranteed under Article 21 of the Constitution means life in
its fullest sense.
27.
It is fundamental right of everyone to live with human dignity
which includes protection of the health. The pregnancy and child birth
require medical care and recovery time. The adequate leave reduces
health risk for both the mother and the child. Early bonding, breast
feeding and parental care are crucial for child’s physical and emotional
development.
28. Thus, motherhood is not an excuse to avoid the work. If a
mother genuinely prevented her from attending the work, no employer
can be allowed to take action against such woman employee for being
absent from the work because she has to take care of her child due to her
responsibilities towards the child.
29.
Therefore, even if the Act of 1961, is applicable no Service
Rules can stop a woman from claiming protection of her basic right to
live with dignity as a mother. Any action by the employer in such matter

Judgment 15 WP3319-2025.odt
would amount to taking away and going against the dignity of the
woman.
30. The maternity leave allows the working women to take time
from her job, give birth, recover and care for the new born child without
fear of losing her employment. This right is essential for safeguarding the
health, dignity and economic security of mothers and their children.
Therefore, the right to maternity leave is not just a workplace benefit, a
necessary protection that promises health, equality and social progress.
Thus, it is bounden duty of the employer to be sensitive and responsive
to the physical difficulties, which she would face in performing her duties
at the work place while bringing up the child after birth.
31.
The respondent No.2 being Director of Medical Education and
Research was expected to be more sensitive in such matters as the
respondent No.2 can very well understand the importance of the care to
be taken by the mother of herself and the child before and after the birth
of the child. However, the impugned action of the respondent Nos.2
and 3 tantamounts to taking away the dignity of the petitioner by
penalising her contrary to the safeguards provided to her relating to the
maternity rights.

Judgment 16 WP3319-2025.odt
32. Having held so, we have no hesitation to hold that the
maternity leave is not a break in service and bond cannot be used to
penalise a woman for exercising her right to motherhood. No bond can
override the right to maternity leave which is a facet of fundamental right
under Article 21 of the Constitution of India. Any contract, agreement or
bond that penalises a woman for taking maternity leave or tries to deny
her this right to that extent is found inconsistent according to Section 27
of the Maternity Benefit Act, 1961. The petitioner cannot be denied such
right only because the bond was executed by her under Social
Responsibility Service Scheme and not holding permanent status as she is
also entitled to the same protective umbrella as available to regular
employees when it comes to maternity related entitlement.
33.
In the circumstances, we have no hesitation to hold that the
period during which the petitioner was on maternity leave needs to be
considered as duty period and the petitioner is entitled for salary for the
said period. Excluding the maternity leave period the petitioner has
shown readiness and willingness to complete her bond period as Assistant
Professor, the same shall be permitted if there is no any legal impediment.
34. Accordingly, we pass the following order :

Judgment 17 WP3319-2025.odt
i) The Writ Petition is allowed.
ii) The order dated 06/01/2025, imposing penalty of
Rs.23,58,403/- is hereby quashed and set aside, consequently
the penalty paid by the petitioner shall be refunded back to her
within four months from the date of this order.
iii) The petitioner shall be paid salary for the maternity leave
period.
iii) The petitioner shall be permitted to complete her bond period,
excluding the maternity leave period, which was considered as
duty period, if there is no any other legal impediment in
allowing her to complete the bond period.
If, for any reason, the petitioner cannot be permitted to
complete the bond period, the respondents shall issue a
certificate to her certifying completion of the bond period.
The Rule is made absolute accordingly. In the
circumstances, there shall be no order as to costs.

( RAJ D. WAKODE, J ) (ANIL S. KILOR, J )
RRaut..
Signed by: Raut (RR)
Designation: PS To Honourable Judge
Date: 07/03/2026 14:53:42