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Madras High CourtWP(MD)/2696/2026allowed

V.Packialakshmi v. The Director

2026-02-03Honourable Mr Justice B.Pugalendhi8 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 03.02.2026

CORAM

THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.2696 of 2026 V.Packialakshmi ... Petitioner Vs 1.The Director, Department of Medical Education, Chennai-620010.

2.The Dean, Government Medical College Hospital, Karur-639004. ... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned proceedings passed by the second respondent in his proceedings in Mu.Mu.No.12126/Ni4/2025 dated 30.12.2025 and quash the same as illegal and arbitrary and consequently direct the respondents to grant maternity benefits to the petitioner for a period of one year ie., from 07.12.2025 to 06.12.2026 by annulling 1/8

the medical leave availed by the petitioner during the period from 07.12.2025 to 03.01.2026 and from 05.01.2026 to 02.02.2026 within the stipulated time fixed by this Court.

For Petitioner : Mr.K.Surendran For Respondents: Mr.G.V.Vairam Santhosh, Additional Government Pleader.

ORDER

The petitioner is working as a Nurse in Government Medical College Hospital, Karur. She joined the service in the year 2015. When her first child was born, she was not granted with maternity leave, since she was a contractual employee. When the second child born, she was absorbed into regular service and therefore, 365 days of maternity leave was granted to her. Now, third child is also born to her on 13.12.2025. Therefore, she applied for maternity leave. However, by impugned order dated 30.12.2025 2/8

the request of the petitioner for grant of maternity leave has been rejected that this is the third child and therefore, she is not entitled for maternity leave for the third child. Challenging the same, the present writ petition has been filed.

2.This Court, in W.P.(MD)No.23455 of 2024, by order dated 21.01.2025, allowed the writ petition by setting aside the order rejecting the grant of maternity leave for the third child and also directed the authorities to confer eligible maternity leave to the petitioner therein. In a similar issue, the Hon'ble Supreme Court, in the case of Uma Devi vs. Government of Tamil Nadu and others, reported in 2025 8 SCC 263, has held that maternity leave and maternity benefits can be granted for a third pregnancy under FR101(a). Following the Judgment of the Hon'ble Supreme Court in Uma Devi's case (cited supra) a Division Bench of this Court in B.Ranjitha vs. Registrar General, High Court of Madras and others, reported in 2025 SCC Online Mad 6176, held as under: 3/8

"11. The very basis for granting such maternity reliefs to the women employees/staffs/officers concerned including the maternity leave and maternity benefits is based on a sound policy that in order to shoulder and withstand the pain and sufferings undergoing by the mother at the time of pre-delivery as well as post-delivery of the child.

12. When that being so, it does not restrict to pregnancy or second pregnancy and it cannot be stated that, she would not be entitled to get the relief to third pregnancy which would have no logic at all and thoroughly unreasonable. Therefore, we do feel that, in this case also since the petitioner though has given birth to two children already and she is under third pregnancy now, merely because it is the third pregnancy, such benefits of maternity leave and maternity benefits cannot be denied to the mother.

13. In that view of the matter following the dictum of the Hon'ble Supreme Court in Umadevi's case cited supra, we are inclined to accept the plea raised by the writ petitioner herein, thereby the order impugned passed by the third respondent vide his written memo dated 19.08.2025 is liable to be set aside, accordingly, it is set aside and as a result of which, there shall be a direction to 4/8

the respondents, especially, third respondent to sanction maternity leave atleast from today, i.e., 04.09.2025 to the petitioner for the whole period for which she is otherwise entitled to under the Rules and such a leave sanction shall immediately be made by the third respondent.

14. With these directions, this writ petition is allowed to the extent indicated above. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed."

3.Further, in a recent Judgment, a Division Bench of this Court, in W.P.No.705 of 2026 dated 21.01.2026, came down heavily and issued a direction to the Government to strictly adhere the principles laid down in in Uma Devi's case as well as B.Ranjitha's case. The relevant paragraphs are extracted as under:

"11. Before parting with the case, we would like to state that, since repeatedly orders though had been passed by this Court and having knowledge over the orders, the officers like the respondents have not understood the principle underlying in those orders and repeatedly 5/8

rejecting the plea being made by the employees seeking such maternity benefits for third pregnancy would be agonizing fact and therefore, in order to avoid such kind of recurrence of the orders like the present one (impugned order), we deem it appropriate to give a direction to the Registrar General, Madras High Court to circulate this order to all the judicial officers, who are the head of the unit in the District Judiciary throughout the State, for strict compliance regarding the similar case in future.

12. Similar direction is issued to the Chief Secretary, Government of Tamil Nadu, Fort St. George, Chennai, is strictly adhere the principles laid down in the decisions referred above in Umadevi's case as well as B.Ranjitha's case and G.Umanandhini's case cited supra and the copy of this order shall be communicated to the Secretaries to Government and the Heads of Department for strict compliance and follow up." 4.In view of the above Judgments, this writ petition is allowed and the impugned order passed by the second respondent in Mu.Mu.No.12126/Ni4/2025 dated 30.12.2025 is hereby set aside. The respondents are directed to grant maternity 6/8

leave and maternity benefits as requested by the petitioner. No costs. Consequently, connected miscellaneous petition is closed. 03.02.2026 NCC : Yes / No Index: Yes/No gns To 1.The Director, Department of Medical Education, Chennai-620010.

2.The Dean, Government Medical College Hospital, Karur-639004.

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B.PUGALENDHI, J.

gns 03.02.2026 8/8