Case Law Details
HC held that A female Government servant, who has begotten a child by procedure of surrogacy, is entitled for maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010.
1. To become a mother is the most natural phenomenon in the life of a woman. Whatever is needed to facilitate the birth of child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realise the physical difficulties which a working woman would face in performing her duties at the workplace while carrying a baby in the womb or while rearing up the child after birth.
2. The above-stated observation laid down by S. Saghir Ahmad, J, speaking for the Supreme Court in the matter of Municipal Corporation of Delhi v. Female Workers (Muster Roll) and another aptly and squarely applies to the facts of the present case.
3. The superb question of law that emanates for consideration is whether a female Government servant/mother is entitled to avail maternity leave under Rule 38 of the Chhattisgarh Civil Services (Leave) Rules, 2010 (for short ‘the Rules of 2010’), though she begets child through the surrogacy procedure.
4. The above-stated question of law arises in this petition on the following factual backdrop: –
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