- By Kamakshi Bishnoi
- Thu, 08 May 2025 04:15 PM (IST)
- Source:JND
In a significant ruling on women doctors' rights, the Patna High Court has directed that maternity leave be counted toward work experience and that salary be paid for that period. The decision came in response to petitions filed by Dr Antulika Prakash and Dr Alka Kumari, currently serving as senior residents at Nalanda Medical College Hospital (NMCH), Patna.
Justice Harish Kumar, hearing the case, ordered the Bihar Health Department to immediately issue experience certificates and disburse pending salaries to the petitioners. The court took serious note of the delay despite a government clarification issued on November 29, 2022, which explicitly stated that maternity leave would be included in work experience and remuneration entitlements.
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The petitioners, represented by senior advocate Binodanand Mishra, argued that after completing their MD in General Medicine, they had entered into a contractual agreement to serve the Bihar government for three years. However, in 2022, a contradictory order was passed stating maternity leave would not be counted toward experience, nor would payment be made for that period.
Despite the revised government directive in favor of the doctors, the NMCH administration had not yet implemented the changes. The court has now instructed the Additional Chief Secretary of the Health Department to ensure that the NMCH Principal issues the experience certificates without further delay and submit a compliance report by the next hearing scheduled for June 24, 2025.