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Justice Sandeep Sharma, in a judgment delivered on August 11, 2025, ruled that the state could not deny the teacher the full benefit of the already approved leave.
The education dept revoked her approved leave, classified her absence as “extraordinary leave,” and initiated the recovery of her salary. (Representational/File Photo)
The Himachal Pradesh High Court has provided relief to a government school teacher, Kamini Sharma, whose maternity leave was unexpectedly shortened following her regularisation. Justice Sandeep Sharma, in a judgment delivered on August 11, 2025, ruled that the state could not deny her the full benefit of the already approved leave, reported PTI.
Kamini Sharma, a Junior Basic Teacher (JBT), had given birth on August 21, 2021, and was granted 180 days of maternity leave. However, after her regularisation on October 21, 2021, she was forced to resume duty the next day with a medical fitness certificate. The education department then revoked her approved leave, classified her absence as “extraordinary leave,” and initiated the recovery of her salary.
Justice Sharma highlighted that the submission of a medical fitness certificate at the time of regularisation should not have given the respondents the right to curtail Sharma’s maternity leave. He criticised the state’s conduct in proceeding with salary recovery despite an interim stay granted by the High Court on January 13, 2022.
“The submission of Medical Fitness Certificate at the time of regularisation, in peculiar facts and circumstances as detailed herein above, could not have given any right to the respondents to curtail the maternity leave of the petitioner granted to her w.e.f. 21.8.2021, for a period of 180 days,” Justice Sharma observed in the order.
The judge also criticised the state’s conduct in proceeding with recovery despite an interim stay granted by the High Court on January 13, 2022. “Despite afore order, respondents have proceeded to order recovery from the petitioner vide order dated 19.6.2025, which is wholly impermissible given the order passed by this Court,” the ruling said.
The Court ruled that Sharma was entitled to complete her maternity leave until February 2022 and directed the government to release all due benefits within four weeks, failing which interest at 6% per annum would be payable from the date the amount fell due.
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