Shimla (Himachal Pradesh) [India], June 20 : In a judgment aimed at strengthening parental rights of government employees, the Himachal Pradesh High Court has directed the State Government to treat the leave availed by a regularised Assistant Professor as paternity leave.
The court has also ordered the State to introduce a clear policy granting paternity leave to male contractual employees.
"Every male employee, whether on regular or contractual basis, has a fundamental right to paternity leave," said the High Court.
Justice Sandeep Sharma, while passing the judgment in CWP No. 4271 of 2025 (Munish Patial State of HP and others), quashed the rejection of paternity leave by the Directorate of Technical Education and observed.
"Every female and male employee, whether appointed on regular basis, contractual basis, ad hoc basis, tenure/temporary basis, has a fundamental right to reasonable duration of maternity leave as well as paternity leave and child care leave under Article 21 of the Constitution read with Article 42," it read.
The petitioner, Munish Patial, had applied for paternity leave for the period from July 31 to August 14, 2024, after the birth of his child on April 19, 2024.
Though his wife delivered the child while he was on a government contract, he had already been regularised by the time of his leave application on July 27, 2024.
His application was rejected multiple times, including final denial on December 19, 2024, on the ground that the child was born when he was not a regular employee.
The court found this reasoning untenable. Citing Rule 8 of the Central Civil Services (Leave) Rules (FRSR Leave Rules, Part-III), the court clarified that:
"A Government servant's claim to leave is regulated by the rules in force at the time the leave is applied for and granted," it read.
It was further noted that Rule 43-A specifically provides for paternity leave of 15 days within six months of childbirth. Since the petitioner applied well within that period, the denial was deemed illegal and arbitrary.
Justice Sharma also referred to the Division Bench's earlier judgment in State of HP v. Sita Devi (CWP No. 647 of 2020) which laid down that even contractual and ad hoc employees are entitled to maternity and paternity benefits. The court held.
"This Court has no doubt that the aforesaid decision is in rem and not in personam... Action of respondents in denying paternity leave to the petitioner is not sustainable," it said.
Accordingly, the court allowed the petition and directed the State to treat the petitioner's leave as paternity leave. Importantly, the court also issued a broader direction to the State Government:
"Respondents/State through Chief Secretary to the Government of Himachal Pradesh are directed to incorporate provision for grant of paternity leave to male contractual employees in the relevant rules, so as to curtail litigation in this regard," the order read.
The compliance of this directive is to be reported within two months.
This order is expected to set a precedent and bring clarity for thousands of male employees working on contractual terms in various departments of the Himachal Pradesh Government, aligning their parental rights with those of their regular counterparts.