Himachal Pradesh High Court Upholds Right to Paternity Leave for Contractual Employees.

 



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, the Court issued a noteworthy directive:

“Before parting, this Court, taking note of the fact that the issue of maternity leave to female contractual employees has already been addressed by the State by issuing a notification in this regard, directs the respondents/State through the Chief Secretary to the Government of Himachal Pradesh to incorporate provision for grant of paternity leave to male contractual employees in the relevant rules, so as to curtail litigation in this regard.”

This judgment not only strengthens the constitutional mandate of equality and non-discrimination but also advances the cause of gender-sensitive workplace policies by recognizing the role of both parents in childcare.

the State Government has filed its compliance affidavit before the Hon'ble High Court on 8th September 2025 and stated that paternity leaves to the petitioner has been sanctioned as per the mandate of the Judgment.

the Judgment was delivered by Justice Sandeep Sharma.

To read full text of the Judgment

compliance of order by the State Government

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