Case Note & Summary
The petitioner, Dr. Vrushali Vasant Yadav, was employed as an Assistant Professor on a temporary basis at Rajarshree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur, since 21 September 2018. She worked continuously and uninterruptedly. In May 2021, being 8½ months pregnant, she applied for maternity leave benefits on 7 May 2021, and later submitted a demand application on 28 May 2021. The respondents did not respond. She filed a writ petition seeking a direction to grant/extend maternity leave benefits. The respondents were given multiple opportunities to file an affidavit-in-reply but failed to do so. The Court noted that the averments in the petition remained uncontroverted and proceeded to hear the matter on merits. The Court held that the petitioner, being a female employee, was entitled to maternity leave benefits under the Maternity Benefit Act, 1961, and directed the respondents to grant/extend the benefits as demanded within four weeks.
Headnote
A) Maternity Benefit - Temporary Employee - Entitlement to Maternity Leave - Maternity Benefit Act, 1961 - The petitioner, a temporary Assistant Professor, sought maternity leave benefits. The respondents failed to file an affidavit-in-reply despite multiple opportunities. The Court held that the averments in the petition remained uncontroverted and directed the respondents to grant/extend maternity leave benefits as demanded. (Paras 1-8)
Issue of Consideration
Whether a female employee working on a temporary basis is entitled to maternity leave benefits under the Maternity Benefit Act, 1961.
Final Decision
The petition is allowed. The respondents are directed to grant/extend the maternity leave benefits to the petitioner as demanded in her application dated 28th May 2021 within four weeks from today.
Law Points
- Maternity leave benefits
- Temporary employee
- Maternity Benefit Act
- 1961
- Uncontroverted averments
- Direction to grant leave
Case Details
Writ Petition No. 15521 of 2024
M. S. Karnik, Ajit B. Kadethankar
Mr. Kedar Lad for the Petitioner, Ms. T.J. Kapre, AGP for the Respondent - State
Dr. Vrushali Vasant Yadav
The State of Maharashtra, The Director, Medical Education and Research, Mumbai, The Dean, Rajarshree Chhatrapati Shahu Maharaj Government Medical College, Kolhapur
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Nature of Litigation
Writ petition seeking direction to grant/extend maternity leave benefits.
Remedy Sought
Direction to respondents to grant/extend maternity leave benefits to the petitioner as demanded.
Filing Reason
Respondents failed to grant maternity leave benefits to the petitioner despite her application.
Previous Decisions
Order dated 14th November 2025 noting that respondents were granted time to file affidavit but failed.
Issues
Whether the petitioner, a temporary employee, is entitled to maternity leave benefits under the Maternity Benefit Act, 1961.
Submissions/Arguments
Petitioner argued that she is entitled to maternity leave benefits as she has been working continuously since 2018.
Respondents failed to file affidavit-in-reply despite opportunities, leaving averments uncontroverted.
Ratio Decidendi
A female employee, even if on temporary basis, is entitled to maternity leave benefits under the Maternity Benefit Act, 1961. Failure of the employer to controvert the averments leads to acceptance of the petitioner's case.
Judgment Excerpts
By this petition, the petitioner prays for direction to the respondents to grant / extend the maternity leave benefits to the petitioner as demanded by the petitioner vide Demand Application dated 28th May 2021.
We now, therefore, have no other option but to proceed to hear the petition on merits, considering the nature of the reliefs prayed for in the petition.
The petition is allowed. The respondents are directed to grant/extend the maternity leave benefits to the petitioner as demanded in her application dated 28th May 2021 within four weeks from today.
Procedural History
The petitioner filed a writ petition on 28th May 2021. The respondents were granted time to file affidavit-in-reply on 20th August 2025 and 14th November 2025 but failed to do so. The matter was heard on 16th December 2025 and allowed.
Acts & Sections
- Maternity Benefit Act, 1961:
