DR. ANJALI JOSHI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) By way of the present petition, the petitioner is challenging the impugned action dtd. 11/08/2025 Annexure P-1 of the respondent No.4., whereby the petitioner has been deprived the monetary benefit of maternity leave on the basis of Clause 11.2 of the Circular dtd. 20/06/2024.

(2.) Learned counsel for the petitioner submits that the petitioner is working since 25/08/2018 as a Guest Lecturer in the respondent's College. During her pregnancy, the petitioner applied for maternity leave on 11/8/2025 under the Maternity Benefit Act, 1961, which was duly sanctioned. She rejoined duty on 9/2/2026 after availing leave. Upon resumption, the Petitioner claimed monetary benefits under Sec. 5 of the Maternity Benefit Act, 1961. However, Respondent No. 4 denied the said claim pursuant to clause 11.2 of circular dtd. 20/6/2024, which states that guest lecturers are entitled only to maternity leave and not to monetary benefits. Aggrieved by the denial and inaction of the Respondents, the petitioner submitted several representations to the Respondent authorities, but her grievance has not been redressed. To buttress his submissions, learned counsel has relied upon the judgments of this Court in WPS No. 3764 of 2019 decided on 30/11/2022 and WPS No.1648 of 2025 decided on 10/3/2025.

(3.) On the other hand, learned counsel for the State submits that since the petitioner was not a regular employee she cannot claim benefits under the Maternity Benefit Act, 1961, as such, she is not entitled to get monetary benefit.