Madras High Court Verdict: Maternity Leave Included in Bond Service for Medical Graduates

In a recent ruling, the Madras High Court said maternity leave should be counted as part of bond service for doctors. The judgment came in response to an appeal by Dr. E. Krithikaa, whose certificates were withheld by her medical college for not completing the full two-year service period.

The Case at a Glance

Dr. Krithikaa completed her MBBS in 2014 and later secured an MS (General Surgery) seat at Thanjavur Medical College for the academic year 2016–17. As per the admission rules in Tamil Nadu government colleges, she had signed a ₹40 lakh bond agreeing to serve in government hospitals for at least two years after completing her course. She had also submitted her original certificates as part of this agreement.

After completing her MS, she joined Thittakudi Government Hospital in 2019 as an Assistant Surgeon. She served there for a year, but then went on maternity leave. When she requested her original certificates back after this, the authorities refused, saying she had completed only 12 months of her bond period, not the full 24.

The Appeal

In 2022, Dr. Krithikaa filed a petition asking for her certificates to be returned, but the single bench dismissed it. She then filed an appeal in 2023. The case was taken up by the Madurai Bench of the Madras High Court, where a Division Bench of Justices G.R. Swaminathan and K. Rajasekar examined whether maternity leave should count towards the bond period.

Court's Decision

The judges made it clear that rules written in a college prospectus can’t go against what the law says. They pointed to the Maternity Benefit Act, 1961, and said maternity leave is not just a benefit—it’s a fundamental right under Article 21 of the Constitution, which ensures the right to life and dignity.

They also noted that while Dr. Krithikaa wasn’t a regular government employee, she was still serving the state under a formal agreement. And under Tamil Nadu’s amended Service Rules, regular government employees are allowed up to 12 months of maternity leave. So, she should be entitled to the same. Denying her this right, the judges said, would go against Article 14 of the Constitution, which guarantees equality before the law and equal protection to all.

The court also referred to the Kavita Yadav case, which said that maternity leave should be treated as active service. In simple terms, even though Dr. Krithikaa was on leave, she was still officially in service. So her 12-month maternity break must be counted as part of her two-year bond.

Why It Matters

The ruling not only helped one doctor get her rightful documents back, but also sets an example for how maternity leave should be treated in bond service agreements. It reinforced that maternity benefits can’t be denied, even if the employee isn’t in a regular government post.

(Rh/Pooja Bansal/MSM)