Dr. Mrs. Hema Vijay Menon vs State Of Maharashtra Through Its ... on 22 July, 2015
4. The issue involved in this petition, as rightly submitted by
learned counsel for the petitioner is squarely covered by the view taken
by this Court in the case of Dr. Mrs. Hema Vijay Menon Vs. State of
Maharashtra and Ors., in Writ Petition No. 3288 of 2015, decided on
22.07.2015. In this case, the Division Bench of this Court, relying upon
Rule 74 of the Maharashtra Civil Services (Leave) Rules, 1981 (For
short the "Rules, 1981") has held that there is nothing in this Rule
which would dis-entitle a woman, who has attained motherhood
through the surrogacy procedure, to maternity leave. This Court further
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Judgment 3 W.P.No.5063.2018.odt
found that even the Government Resolution dated 28.07.1995 permits
maternity leave not only to a natural mother but also to an adoptive
mother, who adopts a child on its birth. Therefore, this Court held that
no distinction could be made between natural motherhood and
surrogate motherhood.