Court says eligibility under Rule 43 depends on surviving children, not number of deliveries; distinguishes Supreme Court ruling in K. Umadevi
The Delhi High Court has adjourned a writ petition filed by Dr. Geeta Rani challenging the denial of maternity leave under Rule 43 of the Central Civil Services (Leave) Rules, 1972, after her request was rejected on the ground that she already had more than two surviving children.
A Division Bench comprising Justice Avneesh Jhingan and Justice Shail Jain noted that the petitioner had delivered twins in her first pregnancy in 2024 and later sought maternity leave during her second pregnancy. The leave was refused by the authorities on the basis of Rule 43, which permits maternity leave only to a female government servant with less than two surviving children.
The petitioner relied on the Supreme Court’s decision in K. Umadevi v. Government of Tamil Nadu, 2025 INSC 781, to argue that the denial was incorrect. However, the High Court observed that the facts in K. Umadevi were materially different. In that case, the employee had two children from an earlier marriage before entering service, and the claim arose after she had a child from her subsisting marriage during service. The Court held that the Supreme Court ruling did not directly govern the present dispute.
The Bench also referred to the Madras High Court’s decision in Union of India v. M. Asiya Begum, 2020 SCC OnLine Mad 29118, where it was observed that the key factor under Rule 43 is the number of surviving children at the time of applying for maternity leave, and not merely the number of deliveries.
At the same time, the petitioner’s counsel sought time to assist the Court on the broader challenge to the vires, or constitutional validity, of Rule 43 itself. Accepting the request, the Court listed the matter for further hearing on 06.10.2026.
The order leaves open the petitioner’s constitutional challenge, while indicating that, on the present reading of Rule 43, maternity leave eligibility is determined by the number of surviving children and not simply by the fact that a woman has undergone a certain number of deliveries.
Bottom Line :
Maternity leave under Rule 43 of the Central Civil Services (Leave) Rules, 1972 is to be determined with reference to the number of surviving children at the time of applying for leave and not merely on the number of deliveries; Supreme Court decision in K. Umadevi held distinguishable on facts.
Statutory provision(s): Rule 43, Central Civil Services (Leave) Rules, 1972
Dr. Geeta Rani v. Union of India, (Delhi)(DB) : Law Finder Doc id # 2987094
