Patna: In two important rulings on Wednesday, the Patna High Court provided relief to two assistant professors working under separate state universities, underscoring both the enforcement of maternity rights and scrutiny of alleged misuse of administrative power.
Maternity Leave Benefits Must Be Paid, Rules Court
Justice Harish Kumar directed T.M. Bhagalpur University to release the pending maternity leave salary and associated benefits to assistant professor Mubeena, who had moved the court after her wages for the period from May 10 to November 11, 2020 were withheld.
Representing the petitioner, senior advocate Binodanand Mishra said the university neither released her salary nor counted the period towards her service experience and increments, despite her being on sanctioned maternity leave.
The university’s counsel argued that, as per service rules, women employees are entitled to maternity leave only after completing two years of continuous service. The court rejected this interpretation, affirming that under the Maternity Benefit Act, 1961, statutory rights cannot be restricted by internal regulations.
The university has been ordered to release all due payments and benefits within eight weeks.
High Court Stays Assistant Professor’s Transfer
In a separate matter, Justice Alok Kumar Sinha stayed the transfer of Dr Meena, assistant professor of Hindi at D.C. College, Hajipur, to SNS College, Motihari. The court suspended the transfer order issued by BRA Bihar University, Muzaffarpur, until the next hearing.
Dr Meena’s petition claims the transfer order dated September 25, 2025 is “arbitrary” and an “abuse of power”. Her counsel pointed out that she holds a duly sanctioned post, while another faculty member in the department, Dr Prakash Kumar, is working on an unsanctioned position. In such a situation, she argued, the transfer cannot be justified on grounds of “post rationalisation”.
The court has asked the university to file a detailed reply within four weeks, and has issued notice to co-respondent Dr Prakash Kumar. The next hearing is scheduled for January 16, 2026.
