M.Abirami v. The Principal Secretary To Government
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24-03-2025
CORAM
THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN and W.M.P. No. 10265 of 2025
1. M.Abirami W/o.R.Sivakumar, No.9,G2 Ragava Foundation, Rajendra Nagar, Keelkattalai, Chennai-117.
2.M.Siva Sankari D/o.A.Mariappan, 9/4a, Thiruneela Kanda Nayanar Street, Palayamkottai, Tirunelveli-627 002.
3.J.Prabavathi W/o.R.Vel Murugan, No.1/31, Perumal Koil Street, Valavanoor, Ranipet District Pin- 632 511.
4.A.Dheivanai W/o.M.Santhoshkumar, No.24/95 D/e, 6th Street, Near Pallivasal , Voc Nagar, Kallakurichi South District, Pin- 606 213.
5.S.Madurai Meena W/o.Thirupathi, No.229, North Street, Kaluvanacheri, Chithumundradaippu,
(po) Kariyapatti Taluk, Virudhunagar District, Pin-626 106.
6.S.Priya D/o.T.Selvarasu, No.1/74, South Street, Kallamedu Village, Vanampattu Post, Ulundupet Taluk, Kallakurichi-607 204.
7.M.Chitra W/o.S.Marikumar, No.2/11, West Street, Sathirapatti Post And Village, Tiruvenkatam Taluk, Tirunelveli- 627 719.
8.A.Jeba Shalo W/o.T.Jason Joseph, No.2/143, Church West Street, Idayankulam Post, Athichaperi, Tiruneveli District-627502.
9.R.Saranya W/o.Vinoth Kumar, No.1/39, Vellalar Street, Kandhaneri (village And Post) Pallikonda (via) Anaicut Taluk, Vellore District-635 809 10.M.R.Leniya W/o.P.Santhakumar, No.20, Gollar Street, Alangayam, Vaniyambadi Taluk, Thirupatur District- 635 701.
11.M.Mahalakshmi D/o.K.Marimuthu, No.18, 1st Floor, V.V.G. Factory Street, State Bank Of India (opp) Theni District-625 531.
Petitioners
Vs.
1. The Principal Secretary To Government Personnel And Administrative Reforms Department, Secretariat, Chennai-09.
2.The Principal Secretary To Government Health And Family Welfare Department, Secretariat, Chennai-09.
3.The Director Directorate Of Medical And Rural Health Services (dms) No.359, Anna Salai, Dms Complex , Teynampet, Chennai-06.
4.The Director Directorate Of Public Health And Preventive Medicine (dphs) No.359, Anna Salai, Dms Complex, Teynampet, Chennai-06 5.The Director Kalaignar Centenary Super Specialty Hospital, Guindy, Chennai-032.
6.The Deputy Director Health Service Gst Road, Chengalpattu-603 001.
7.The Deputy Director Of Health Service Office Of Deputy Directorate Of
Health Service No.16 Old Police Hospital Road, Palayankottai, Tirunelveli- 627 002.
8.The Joint Director Medical Service No.5, Railway Road, Kancheepuram631 501.
9.The Dean Govt Medical College And Hospital, Siruvangur, Kallakurichi-213.
10.The Deputy Director Of Health Service Chairman Lakshman Street, Near Municipal Office, Thirupathur- 635 601.
11.The Deputy Director Health Service Office Of Deputy Directorate Of Health Service, Thandalai Road, Kallakurichi-202.
12.The Deputy Director Health Service District Collectorate Campus, Thenkasi-811.
13.The Deputy Director Health Service District Collectorate Campus, Thiruchengodu Road, Namakkal-03.
14.The Deputy Director Health Service Govt Master Plan Campus, Near Collector Office, Theni-531.
Respondents
PRAYER Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent Nos.2 to 5 to pay the Petitioners arrear Salary benefits for their Maternity leave as per their representations dated 20.12.2024, 21.12.2024, 24.12.2024, 26.12.2024, 28.12.2024, 30.12.2024 07.01.2025, 11.01.2025. For Petitioners:
Mr.C.Rajaguru For Respondents:
Mr.N.Bindran, AGP(R1 To R4)
ORDER
This writ petition has been filed in the nature of mandamus seeking a direction against respondents 2 to 5 to pay arrears salary benefits for the maternity leave taken by the petitioners and in view of the representations given by the petitioners.
2.
In the affidavit filed in support of this writ petition, it has been contended that the first writ petitioner was appointed as contract based Nurse in Government Primary Health Centre at Pollachi, Coimbatore District through Medical Service Recruitment Board. She was then transferred to Government Primary Health Centre, Moovarasampettai at Chengalpattu District. She was further transferred to Kalaignar Centenary Super Speciality Hospital at Guindy,
Chennai, where she is now working. She has been discharging her duties diligently. It has been contended that she was eligible for 270 days of maternity leave with full pay in view of the various Government orders already passed by the respondents.
3.
The first writ petitioner took maternity leave when she was working in Moovarasampettai at Chengalpattu District as contract Nurse. She claims that she was entitled for maternity leave with full pay in accordance with the Government Order in G.O.(Ms) No. 91, Personnel and Administrative Reforms (FR.II) Department, dated 28.07.2020 she was permitted to take maternity leave but not paid any salary. She had given a representation in this regard. Similarly, other writ petitioners had also taken maternity leave and had sought salary for the period under which they went on leave. The details of the petitioners and the dates on which they had taken maternity leave are below:- "
Sl.No.
Name of the Petitioners Date of appointment as contract based nurse Date of regularizati on as Staff Nurse Maternity leave for 1 st Maternity leave for nd pregnancy pregnancy 1.
M.Abirami 29.11.2019 Not 20.07.2022 Nil
Sl.No.
Name of the Petitioners Date of appointment as contract based nurse Date of regularizati on as Staff Nurse Maternity leave for 1 st Maternity leave for nd pregnancy pregnancy regularized to 19.07.2023 2.
M.Siva Sankari 29.11.2019 Not regularized 01.11.2023 to 30.10.2024 Nil 3.
J.Prabavathi 26.03.2020 Not regularized 02.12.2023 to 03.12.2024 Nil 4.
A.Dheivanai 24.09.2019 Not regularized Nil 01.02.2023 to 31.01.2024 5.
S.Madurai Meena 29.11.2019 Not regularized 11.06.2022 to 31.03.2023 Nil 6.
S.Priya 29.11.2019 Not regularized 09.06.2022 to 08.06.2023 Nil 7.
M.Chitra 12.07.2017 Not regularized Nil 03.09.2022 to 02.09.2023 8.
A.Jeba Shalo 19.09.2015 13.01.2023 11.01.2020 to 06.10.2020 Nil 9.
R.Saranya 16.04.2020 Not regularized 23.07.2024 to 22.07.2025 Nil 10.
M.R.Leniya 29.11.2019 Not regularized Nil 02.03.2024 to 01.03.2025 11.
M.Maha Lakshmi 16.04.2020 Not regularized 23.04.2022 to 16.04.2023 Nil "
4.
The learned counsel for the petitioners placed reliance on Government Letter (Ms) No. 13965/FR-3/2015 dated 20.04.2015, wherein, with respect to
maternity leave it has been provided as follows:- "I.Maternity:- (i)....
(ii)....
(iii) Non-permanent Married Women Government Servants, employed under the emergency provisions i.e. temporarily, should have completed one year of continuous service, including leave periods, if any, to become eligible for grant of Maternity Leave of 180 days as above."
It had been provided the petitioners are therefore entitled for maternity leave. The respondents cannot deny salary during that particular period since it is only an extension of the service. The petitioners are entitled to take such leave. 5.
Though time is sought for filing counter, a mandamus is issued that the respondents should pay the arrears of salary benefits to the petitioners herein in accordance with the period of leave which they had sought. 6.
The respondents cannot claim to be a welfare State if they are to leave their women employees high and dry for the period of leave availed owing to
maternity. As a model State, the respondents should come forward to pay salary for the particular period of maternity.
7.
The writ petition stands allowed. A direction is issued to pay the arrears of salary which, if not paid, must be paid within a period of three weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs.
24-03-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Maya
To 1.The Principal Secretary To Government Personnel And Administrative Reforms Department, Secretariat, Chennai-09. 2.The Principal Secretary To Government Health And Family Welfare Department, Secretariat, Chennai-09. 3.The Director Directorate Of Medical And Rural Health Services (dms) No.359, Anna Salai, Dms Complex , Teynampet, Chennai-06. 4.The Director Directorate Of Public Health And Preventive Medicine (dphs) No.359, Anna Salai, Dms Complex, Teynampet, Chennai-06 5.The Director Kalaignar Centenary Super Specialty Hospital, Guindy, Chennai-032. 6.The Deputy Director Health Service Gst Road, Chengalpattu-603 001.
7.The Deputy Director Of Health Service Office Of Deputy Directorate Of Health Service No.16 Old Police Hospital Road, Palayankottai, Tirunelveli- 627 002.
8.The Joint Director Medical Service No.5, Railway Road, Kancheepuram-631 501.
9.The Dean Govt Medical College And Hospital, Siruvangur, Kallakurichi-213. 10.The Deputy Director Of Health Service Chairman Lakshman Street, Near Municipal Office, Thirupathur- 635 601. 11.The Deputy Director Health Service Office Of Deputy Directorate Of Health Service, Thandalai Road,
Kallakurichi-202.
12.The Deputy Director Health Service District Collectorate Campus, Thenkasi-811. 13.The Deputy Director Health Service District Collectorate Campus, Thiruchengodu Road, Namakkal-03. 14.The Deputy Director Health Service Govt Master Plan Campus, Near Collector Office, Theni-531.
C.V.KARTHIKEYAN J.
Maya 24-03-2025