1. As per the information mentioned in the present query, makes it clear that you have been deprived of that right which is the right as per statute as well as women hood right.
2. You should write to the department in which you have been working, if they still deny then you may have to move to the court.
3. Youay have to file a Writ of Mandamus under Article 226 of our Constitution of India before Hon’ble High Court seeking direction for them to comply with the statute.
4. Otherwise that would be the contempt of the court as there are several rulings over the same right confirmed to many women by courts.

Rest, you can contact me through Kaanoon for further legal assistance as well as for making the representation and if needed for filing the Writ in the Hon’ble High Court.

See file a petition before the high court getting direction for the authority and getting the leave. Since the recruitment proceeding too long you will get benifit from the high court.

Hello,

Yes you are eligible. 

Approach the HC against such arbitrary order. 

When did you joined the services ?

Regards 

1. Mam, in fact there has been a law established by Hon’ble Supreme Court as to prove the leave even for those who are in probation period as it is not in their hand to wait for the child till the time they are not out of probation period.
2. It is the right and prerogative of a mother to have a child as soon as possible in their life.

See for claiming maternity benifit you should have worked for minimum 180 days in the establishment since that is not case you need to get order of court that is direction for availing the benifit.

Maternity leave is granted to women government employees–up to 180 days for pregnancy and 45 days in the entire service for miscarriage/abortion. Maternity leave can be combined with any other leave upto two years without medical certificate.

There is no such clause/rule.

Regards 

Hi,

The maternity leave in your case can be coupled with right to live granted by indian Constitution and the same can't be denied. But, you need to approach and fight strongly for that.

Punjab and Haryana high court has held that a woman employee, who has delivered a baby a day before her appointment in government service, will not be entitled to the benefits of maternity leave.

terms and conditions of employment and resultant benefits of service are available only after a person/candidate selected joins the government service. ,before joining, he/she has no rights of any government servant and thus cannot claim 

Maternity leave after joining service as child was delivered before she joined 

Dear Madam,

The following information may kindly be read it will helpful to you.

Maternity and paternity benefits: provisions for government employees

Maternity Benefits:

Central Government employees (those directly under GOI) are governed by the Central Civil Service (Leave) Rules, 1972. Under the rules, female employees are entitled to maternity leave for a period of 180 days for their first two live born children. During maternity leave employees will be paid equal to the pay drawn by them immediately before.

Child Care Leave:

The Sixth Central Pay Commission recommended to the Government, policies to keep women fulfill family responsibility. Thus, Child Care Leave was granted to women employees of the Central Government having minor children below the age of 18 years, for a maximum period of 2 years (i.e. 730 days). This can be availed during their entire service, for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness etc. 

In totality, including the paid leave period, women employees can avail child care leave for a period of 3 years. All the benefits here will be admissible only in respect of their 2 eldest surviving children.

The nature of this leave has to be the same as that of earned leave.

Paternity Benefits:

The Central Government in 1999 by notification under Central Civil Services (Leave) Rule 551 (A) made provisions for paternity leave for a male Central Government employee (including an apprentice and probationer) with less than two surviving children for a period of 15 days to take care of his wife and new born child. He can avail this leave 15 days before or within 6 months from the date of delivery of child. If such leave is not availed within the period, it shall be treated as lapsed.

For Paternity leave he shall be paid leave salary equal to the pay last drawn immediately before proceeding on leave.

Central Government employees (those directly under GOI) are governed by theCentral Civil Service (Leave) Rules, 1972. Under the rules, female employees are entitled to maternity leave for a period of 180 days for their first two live born children.

The employee  can start her maternity leave six weeks before the expected date of her delivery.

As per the Act, to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months.

Under the MB Act, a woman is eligible to receive maternity benefit if she has worked for at least 80 days in the 12 months immediatelypreceding her expected date of delivery..

So you may verify your position as per the above cited rules to confirm your eligibility and if yes, you can fight it out legally.

As per the latest maternity benefits act,  to be eligible for maternity benefit, a woman must have been working as an employee in an establishment for a period of at least 80 days in the past 12 months.

In my opinion, you might not have the required qualification hence I am afraid you may not be eligible however you may discuss with a local advocate based on the facts, ascertain your eligibility and then proceed legally against the department if you are entitled.

You can take benefits of the recent  maternity amendment act 2017 for the same