Legal Views

  Himachal Pradesh High Court Upholds Right to Paternity Leave for Contractual Employees In a significant ruling, the High Court of Himachal Pradesh in  Munish Patyal vs. State of Himachal Pradesh  (CWP No. 4271 of 2025) has held that the State cannot discriminate between male and female employees engaged on contractual, ad hoc, tenure, or temporary basis with respect to the grant of paternity and maternity leave. The Court emphasized that the right to parenthood leave—whether maternity or paternity—is intrinsically linked to the fundamental right to life and personal liberty under  Article 21 of the Constitution of India , read with the directive principle under  Article 42 , which mandates the State to ensure provisions for just and humane conditions of work and maternity relief. Accordingly, the rejection of paternity leave to male employees on contractual or temporary service was declared unsustainable in law. Court’s Directions While concluding, t...

Supreme Court   in  Civil Appeal No 1385 of 2025 titled as  Anjuman Ishaat-e-Taleem Trust vs State of Maharastra  and other  held that  the TET qualification  is mandatory for the in-service teachers  so as to ensure compliance with the Right to Education Act, 2009 except minority educational institutions.  In this matter  the court invoked powers under Article 142 of the Constitution of India to protect  the  services of teachers who have less than  five years of service may continue  in service however, they cannot be promoted without the qualification of TET (Teachers Eligibility Test).  The court held that  teachers who are in service and have more than 5 years of the services, for their continuation in the service as teachers, they  must pass the TET within 2 years, failing which their services shall be discontinued.   The Bench comprised Justice Dipankar Dutta and Justice Manmoh...