Maternity Leave for Third Child can’t be Denied, It’s Constitutional Right of Women: Supreme Court

There is a big news for the women in India. The Supreme Court of India has clearly said that Maternity Leave is the constitutional right of women and can’t be denied. Recently, maternity leave for third child was denied to a government school teacher. Normally, government departments have created a rule that maternity leave can be provided only for two children. So, the maternity leave was denied to teacher for third child.

She approached Madras High Court and Court rules in favour of Department. She then approached Supreme Court and finally the Supreme Court has ruled in her favor.

Case Details

Appellant married A. Suresh in the year 2006. From the said wedlock, two children were born: first one in 2007 and the second one in 2011. She entered government service in December, 2012 as English Teacher in Government Higher Secondary School, P. Gollapatti, Dharmapuri District in the State of Tamil Nadu. Marriage between the two was dissolved in the year 2017. It is stated that the two children born out of the said wedlock are in the custody of the former husband.

On 12.09.2018, appellant married M. Rajkumar. Due to conceivement from her second marriage, appellant applied for grant of maternity leave to the authorities for the period from 17.08.2021 to 13.05.2022 (nine months) which was inclusive of both pre-and-post-natal periods.

The department vide order dated 28.08.2021 rejected the prayer of the appellant. It was stated that as per Fundamental Rule (FR) 101(a) which is applicable to state government employees of Tamil Nadu, maternity leave is available to women state government employees having less than two surviving children. There is no provision for grant of maternity leave for the third child on account of appellant’s remarriage.

Aggrieved by rejection of her request for grant of maternity leave, appellant preferred a writ petition before the High Court which was registered as W.P. No. 22075 of 2021. A learned Single Judge of the High Court vide the judgment and order dated 25.03.2022 held that appellant was entitled to grant of maternity benefit. Therefore, rejection of her claim for grant of such benefit was illegal. As such, order dated 28.08.2021 was set aside. Respondents were directed to sanction maternity leave to the appellant as admissible in terms of the latest G.O.Ms. No. 84 of the Personnel and Administrative Reforms (FR-III) Department dated 23.08.2021. Consequential decision was directed to be taken within a period of two weeks from the date of receipt of a copy of the said judgment. Writ petition was accordingly allowed.

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