Dikhyaa Mohanty 
The Orissa High Court ruled in a historic decision upholding human dignity and gender equality that all female employees, whether they are contract, temporary, or permanent, must be entitled to maternity benefits. A prior single-judge decision in favor of Anindita Mishra, a contractual employee of the State Health and Family Welfare Department, who had previously been refused maternity leave, was affirmed by the division bench made up of Justices Dixit Krishna Shripad and Mruganka Sekhar Sahoo.
Strongly criticizing the government’s stance, the court said, “Denying maternity benefits on the basis of the nature of employment is abhorrent to the notions of humanity and womanhood.” It emphasized that all women employees constitute a single homogenous class when it comes to maternity rights, and any discrimination based on job status violates Article 14 of the Constitution, which ensures equality before the law.
The court also upheld the idea of ‘zero separation’ between a mother and her infant, calling breastfeeding a fundamental right of a lactating mother. Appointed in May 2014, Anindita Mishra applied for six months of maternity leave in August 2016 after giving birth to a daughter, attaching all required medical documents. Her request was rejected by the department in June 2017, citing her contractual status. She challenged the decision in the High Court, which ruled in her favour in August 2022. The government then filed an appeal, which the division bench dismissed at the admission stage on June 24, 2025, declaring the original judgment to be “sound and unassailable.”
For thousands of women employed in government agencies on temporary contracts, the court has now ordered the state government to carry out the decision within eight weeks, setting a major legal precedent.
