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Madras High CourtWP/17299/2026allowed

C.Jayalakshmi, D/O.Chithambaram v. Tamil Nadu Generation And Distribution Corporation Limited

2026-06-01Honourable Ms. Justice P.T. Asha6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01-06-2026

CORAM

THE HON'BLE MS. JUSTICE P.T. ASHA and WMP No.18588 of 2026 C.Jayalakshmi, D/o.Chithambaram No.2/78V, Pillaiyar Kovil Street, Athumamanaddhal, Kallakurichi Post, Taluk and District- 606 202. ..Petitioner(s) Vs

1. Tamil Nadu Generation and Distribution Corporation Limited Rep. by its Chairman / Managing Director, Npkrr Maaligai, 10th Floor, No.144, Anna Salai, Chennai- 02.

2. The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Limited Npkrr Maaligai, 8th Floor, No.144 Anna Salai, Chennai- 02.

3. The Executive Engineer Kallakurichi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Anna Nagar, Salem Main Road, Kallakurichi- 606 202.

4. The Assistant Executive Engineer Kallakurichi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Anna Nagar, Salem Main Road, Kallakurichi- 606 202.

..Respondent(s)

PRAYER: Writ Petition has been filed under Article 226 of Constitution of India praying to issue a writ of certiorarified mandamus calling for the entire records relating to the Impugned order passed by the 3rd Respondent bearing Ku.Aa.No.7084-1/ SePoo/E and pa / Kallai/ VNiAa/ NiMe/ ENiVu.1/Koo.Vidupu/ 2026 dated 13.03.2026 quash the same, and Consequently direct the respondents to grant maternity leave to the petitioner for the period from 23.02.2026 to 22.02.2027, with all attendant service and monetary benefits.

For Petitioner(s):

Mr.S.D.Balamurugan For Respondent(s):

Mr.C.Manoharan, Standing Counsel

ORDER

The petitioner is aggrieved by the fact that her request for maternity leave for her third child was rejected by placing reliance on G.O.Ms.No.84, Human Resources Management (FR-III) Department dated 23.08.2021.

2. The petitioner was appointed as a Field Assistant vide proceedings dated 02.02.2018 and was reported to duty before the Assistant Engineer, Town-I, Villupuram. Prior to joining the Government service, the petitioner had got married and through the said wedlock one child was born. After joining service, the petitioner conceived her second child and was granted maternity leave for 270 days vide order dated 30.12.2020. Now, she has given birth to her third child and seeks maternity leave as per G.O.(Ms) No.84, supra, seeking leave for the period from 23.02.2026 to 22.02.2027. However, the third

respondent, by proceedings dated 13.03.2026, rejected the request on the ground that the petitioner already has two children and there is no provision for grant of maternity leave for the third child. Challenging the said order, the present writ petition has been filed.

3. Heard the learned counsels on both sides and perused the materials available on record.

4. The issue is no longer res integra. In the case of Umadevi Vs Government of Tamil Nadu (2025) SCC Online 1204, the Hon'ble Supreme Court had held that denying maternity leave for the third child was unconstitutional. In the case on hand, the petitioner had one child prior to her joining service and after joining service, this is the second child that she has conceived. Further, the judgment in Uma Devi's case has been followed by the Division Bench of this Court in W.P.No.705 of 2026. The Division Bench of this Court, taking note of the above referred Uma Devi's case and other Bench judgments, had observed as follows in Paragraph 10. "That the impugned order is set aside. As a sequel, there shall be a direction to the respondents to extend the benefit of Maternity Leave to the writ petitioner as per her entitlement especially for a period between 08.08.2025 to 07.08.2026 with all attendant and service benefits available to the employee concerned and necessary orders

to that effect be passed by the respondents within a period one week from the date of receipt of a copy of this order. "

5. Therefore, the above said judgment squarely applies to the facts of the present case. Consequently, the order dated 13.03.2026 is set aside and the writ petition is allowed. The respondents are directed to extend the benefit of Maternity Leave to the writ petitioner as per her entitlement especially for the period between 23.02.2026 to 22.02.2027 with all attendant and service benefits. No costs. Consequently, connected miscellaneous petition is closed. 01-06-2026 Index: Yes/No Speaking/Non-speaking order ssa

To 1.Chairman / Managing Director, Tamil Nadu Generation and Distribution Corporation Limited Npkrr Maaligai, 10th Floor, No.144, Anna Salai, Chennai- 02.

2.The Chief Engineer (Personnel) Tamil Nadu Generation and Distribution Corporation Limited Npkrr Maaligai, 8th Floor, No.144 Anna Salai, Chennai- 02.

3.The Executive Engineer Kallakurichi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Anna Nagar, Salem Main Road, Kallakurichi- 606 202.

4.The Assistant Executive Engineer Kallakurichi Electricity Distribution Circle, Tamil Nadu Generation and Distribution Corporation Limited, Anna Nagar, Salem Main Road, Kallakurichi- 606 202.

P.T.ASHA, J.

ssa 01-06-2026