Himachal Pradesh High Court, in Babli Devi vs. State of Himachal Pradesh (CWPOA No. 7185 of 2020),on June 2, 2025, ruled that a female employee cannot be denied a salary increment merely because she was on maternity leave during the relevant period. The Court rejected the employer’s argument that, under applicable service regulations, salary during maternity leave equates to the amount received prior to going on leave. It clarified that this interpretation does not justify withholding the increment, as maternity leave cannot be equated with other forms of leave for this purpose. The Court emphasized that denying such an increment violates fundamental rights, human rights, and the constitutional protection of motherhood, as enshrined under the Indian Constitution, the Maternity Benefit Act, 1961, and the international declarations and conventions.
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