The Madras High Court has ruled that maternity leave availed by a doctor during mandatory government service must be counted toward the bond period. The bench, comprising Justices GR Swaminathan and K Rajasekar, emphasized that maternity leave is a vital part of maternity benefits. It is protected under Article 21 of the Constitution. The court heard the case of complainant, who joined Thittakudi Government Hospital in 2019 after completing her MS in General Surgery. As per her bond, she was required to serve the Tamil Nadu government for two years. After serving for 12 months, she took maternity leave. Authorities then refused to return her original certificates, stating she had not completed her bond term.
The High Court ruled that the bond conditions must align with the Maternity Benefit Act, 1961. The reproductive rights take precedence. It held that the doctor, though not a regular employee, deserved equal treatment. The court directed the government to return her certificates within four weeks. Thus ,reinforcing that fundamental rights under Articles 14 and 21 apply equally to bonded service doctors.
