Court Denies Extended Leave, Confirms 12-Week Maternity Leave Limit for Women with Two or More Children
In a significant ruling, the Madras High Court has upheld the restriction on maternity leave for government employees having two or more surviving children, aligning with the Supreme Court's decision and subsequent state amendments. The Division Bench, comprising Justices S. M. Subramaniam and R. Sakthivel, delivered the verdict in the case of S. Divya v. Registrar General, Madras High Court, confirming that a married female government servant is entitled to 12 weeks of maternity leave for a third child.
The petitioner, S. Divya, an Office Assistant in the Judicial Magistrate Court, sought 365 days of maternity leave for her third child, based on previous government orders. Her application, initially sanctioned by the Judicial Magistrate and approved by the Principal District Judge, was rejected by the Treasury citing Fundamental Rule 101(A), which limits maternity leave to 12 weeks for women with two or more children.
The High Court referred to the Supreme Court's judgment in K. Umadevi v. Government of Tamil Nadu, where the apex court interpreted the Maternity Benefit Act to restrict maternity leave to 12 weeks for women with two or more children. This judgment led to the Tamil Nadu Government amending its rules through G.O.Ms.No.18, aligning with the Supreme Court's directive.
The Court observed that previous High Court rulings, which granted extended maternity leave for a third child, lost their precedential value post the Supreme Court's ruling. The Bench emphasized the adherence to the statutory framework as amended, indicating that the judiciary could not provide relief beyond the stipulated rules.
This decision reaffirms the policy framework governing maternity leave in Tamil Nadu, emphasizing the balance between employee benefits and administrative regulations. The ruling underscores the judiciary's role in upholding legislative and executive mandates, especially when aligned with the Supreme Court's directives.
The judgment also highlights the broader implications for government employees in Tamil Nadu, reinforcing the standardized leave policy while ensuring compliance with national and state legal frameworks. As a result, government servants can claim maternity leave for the third child, albeit limited to 12 weeks, ensuring the policy's uniform application across the state.
Bottom line:-
Maternity leave for a married woman government servant with two or more surviving children is restricted to 12 weeks in accordance with the Supreme Court judgment and subsequent amendments to Fundamental Rule 101(A) as implemented by the Government of Tamil Nadu through G.O.Ms.No.18 dated 13.03.2026.
Statutory provision(s): Fundamental Rule 101(A), Tamil Nadu Government Order G.O.Ms.No.18 dated 13.03.2026, Maternity Benefit Act
S.Divya v. Registrar General, Madras High Court, (Madras)(DB) : Law Finder Doc id # 2934551
