BENGALURU: The Karnataka High Court upheld the termination of service of a 36-year-old woman who worked as a software technician in Bengaluru Rural Principal District and Sessions Court for prolonged unauthorised absence even after availing 13 months leave, including 180 days maternity leave, 35 days earned leave and 169 days extraordinary leave, that too during the probationary period.
Justice M Nagaprasanna passed the order while dismissing the petition filed by the woman, challenging the order dated April 15, 2025, passed by the Registrar General of the High Court terminating her service. Noting that public employment is not merely a source of livelihood but is a position of responsibility, carrying with it corresponding obligations of diligence, discipline and devotion to duty, and cannot be regarded as a privilege to be enjoyed at convenience.
The petitioner was appointed as a Software Technician in 2019 in the High Court and transferred to work at several places. On July 1, 2023, she applied for maternity leave as there was no one to take care of the baby and extended her leave from time to time up to August 14, 2024.
On September 25, 2024, the Principal District Judge, Bengaluru Rural District, before whom the petitioner was working, issued a notice directing her to report for duty.
The petitioner explained that there was no one to take care of her baby and, due to her frequent health issues, she could not report for duty and sought an extension of leave for some more days. All this while, she was on probation.
On April 15, 2025, the registrar general discharged the petitioner from service as per Rule 6(1) of Karnataka Civil Services (Probation) Rules, 1977. Alleging that this is contrary to law, she moved the high court.
The court observed that the protective umbrella of maternity benefits is intended to shield motherhood from the rigours of employment; it is not intended to immunise an employee from the discipline that employment necessarily demands. The petitioner cannot seek to take shelter under the benevolent canopy of maternity protection for conduct that commenced after the exhaustion of maternity leave and continued even after the expiry of all other leave sanctioned to her, it said.