Madras High Court: maternity leave cannot be held against a woman employee's promotion

A Revenue Department employee's promotion to Tahsildar was denied because her tenure as Firka Revenue Inspector fell three months and thirteen days short of the two years mandated by service rules, a shortfall that arose only because she was transferred to a different post when she rejoined duty after six months of maternity leave, a transfer she had not sought. A single judge had allowed her writ petitions and directed her promotion with consequential benefits from the date her juniors were promoted. On appeal by the State, a Division Bench of the Madras High Court, citing the Supreme Court's 2025 recognition of maternity leave as a facet of a working woman's rights under the Maternity Benefit Act, 1961, held that maternity leave being paid, beneficial legislation, it must be counted as service and cannot be cited to the detriment of a woman's professional growth.

While declining to lay down that maternity leave always counts towards a mandatory training or service period for every promotion, since some postings do require hands-on experience, the Court held that on the facts here, where the employee had completed the bulk of the required tenure and lost the remainder only because the administration itself transferred her out on her return, the mandatory service condition ought to have been relaxed in her favour. The writ appeals were dismissed, confirming her promotion.