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Himachal HC Holds Surrogate Mothers Entitled to 180 Days Maternity Leave Under CCS Rules

Target:UPSC GS-IIMPSCSSC GATeachingPrelims HighMains MediumStatic GK Link
06 Aug 2026
~2 min
Source: Indian Express
Key Data:180 days maternity leaveDoPT notification June 18, 2024CCS (Leave) Rules 1972Sushma Devi vs State of HP (2021)Rule 43-B adopted in 2022
Bodies:Himachal Pradesh High CourtDepartment of Personnel and Training (DoPT)
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What This Article Covers

1.Himachal HC quashed state's denial of maternity leave to a government doctor who became mother via surrogacy twice.

2.Court cited earlier division bench judgment in Sushma Devi vs State of HP (2021) and DoPT notification of June 18, 2024.

3.State's argument of non-adoption of central rules was rejected; court held motherhood equality as fundamental.

The Big Picture
Prelims · HighMains · Medium

Himachal Pradesh High Court ruled that commissioning mothers via surrogacy cannot be denied maternity leave, even if the state has not adopted the Centre's 2024 rules. The court reaffirmed that motherhood cannot be distinguished by the method of birth, setting a binding precedent for the state.

Exam Lens

Quick Exam Facts From News

Maternity Leave Duration180 days per child
DoPT Notification DateJune 18, 2024
Relevant RulesCCS (Leave) Rules, 1972 (Rule 43)
Key PrecedentSushma Devi vs State of HP (2021)
Adoption Leave RuleRule 43-B introduced by HP in 2022

1-Minute Revision

  • ›Maternity Leave Duration: 180 days per child
  • ›DoPT Notification Date: June 18, 2024
  • ›Target this Data: 180 days maternity leave per child under CCS Rules
  • ›Target this Nodal Body: Department of Personnel and Training (DoPT) – issued June 18, 2024 notification
  • ›Target this Legal Point: Sushma Devi vs State of HP (2021) - division bench precedent

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Practice exam-style questions, track your score, and strengthen your recall.

Q1Static LinkageEasy

Which set of rules was primarily cited by the petitioner to claim maternity leave for commissioning mothers?

Q2Statement-basedHard

Consider the following statements regarding the Himachal High Court judgment:

1. The court held that commissioning mothers are entitled to maternity leave only if the state has adopted the DoPT notification of June 2024.

2. The court relied on an earlier division bench judgment of the same High Court in Sushma Devi vs State of HP (2021).

3. The state of Himachal Pradesh had introduced Rule 43-B in 2022 granting child adoption leave.

Which of the statements given above is/are correct?

Q3Data-centricMedium

What was the exact date of the DoPT notification that extended maternity leave benefits to commissioning and surrogate mothers?

Q4Application/ImpactMedium

What principle did the Himachal High Court emphasize while rejecting the state's denial of maternity leave to a commissioning mother?

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