Cuttack: In a landmark ruling reinforcing gender equality and human dignity, the Orissa High Court has declared that maternity benefits must be extended to all women employees, regardless of whether they are permanent, temporary, or contractual.
The division bench comprising Justice Dixit Krishna Shripad and Justice Mruganka Sekhar Sahoo upheld a previous single-judge verdict in favour of Anindita Mishra, a contractual employee of the State Health and Family Welfare Department, who was earlier denied maternity leave.
Strongly criticizing the government’s stance, the court said, “Denying maternity benefits on the basis of the nature of employment is abhorrent to the notions of humanity and womanhood.” It emphasized that all women employees constitute a single homogenous class when it comes to maternity rights, and any discrimination based on job status violates Article 14 of the Constitution, which ensures equality before the law.
The court also upheld the idea of ‘zero separation’ between a mother and her infant, calling breastfeeding a fundamental right of a lactating mother.
Appointed in May 2014, Anindita Mishra applied for six months of maternity leave in August 2016 after giving birth to a daughter, attaching all required medical documents. Her request was rejected by the department in June 2017, citing her contractual status.
She challenged the decision in the High Court, which ruled in her favour in August 2022. The government then filed an appeal, which the division bench dismissed at the admission stage on June 24, 2025, declaring the original judgment to be “sound and unassailable.”
The court has now directed the state government to implement the order within eight weeks, marking a significant legal precedent for thousands of women working on non-permanent terms in government departments.
