States » NorthPosted at: Jun 20 2025 8:48PM


Himachal HC directs state to grant Paternity Leave to male contractual employees

Shimla, June 20 (UNI) Himachal Pradesh High Court has directed the State Government to make necessary amendments in service rules to grant paternity leave to male contractual employees.
Justice Sandeep Sharma, while allowing the petition of Munish Patial, quashed a series of rejection orders issued by the Technical Education Department and directed that the petitioner’s leave from July 31 to August 14, 2024, be treated as paternity leave.
The court observed that denying paternity leave to a male employee who had already been regularised at the time of applying was not legally sustainable. It held that under Rule 43-A of the FRSR Leave Rules, a male government servant with less than two surviving children is entitled to 15 days of paternity leave during the confinement of his wife, which can be availed up to six months from the date of delivery.
Patial, who was initially appointed on a contract basis and later regularized on July 19, 2024, applied for paternity leave on July 27 after the birth of his child in April. Despite citing relevant rules and a Division Bench judgment in State of H.P. vs. Sita Devi (2023), his request was repeatedly rejected by the department.
The Court emphasised that rights under Article 21 and Article 42 of the Constitution, which promote parenthood and child care, are applicable to both male and female employees regardless of the nature of their appointment—regular, ad hoc, or contractual.
Directing compliance within two months, the Court asked the Chief Secretary to incorporate the provision of paternity leave for male contractual employees in the service rules to avoid future litigation.
UNI ML RN
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Shimla, June 20 (UNI) Himachal Pradesh High Court has directed the State Government to make necessary amendments in service rules to grant paternity leave to male contractual employees.

see more..