Sathya v. The Director Of School Education
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 13.02.2026
CORAM
THE HONOURABLE MR. JUSTICE B.PUGALENDHI WP(MD)No.3971 of 2026 and WMP(MD) No.3271 of 2026 Sathya ... Petitioner Vs 1.The Director of School Education, Chennai.
2.The Director of Elementary Education, Chennai.
3.The Chief Educational Officer, Tirunelveli District.
4.The District Elementary Education Officer, Tirunelveli District.
5.The Block Educational Officer - II, Cheranmahadevi, Tirunelveli District.
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6.The Secretary, Thirnyanasambandar Middle School, Veeranallur, Cheranmahadevi, Tirunelveli.
... Respondents Prayer:
Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned proceedings in Na.ka.No.524/Aa1/2025 dated 04.06.2025 and the Impugned proceedings in Na.Ka.No.524/Aa1/2025 dated 22.12.2025 on the file of the 5th respondent and quash the same and further directing the respondent to grant maternity leave from 01.03.2025 till 28.02.2026 to the petitioner.
For Petitioner : Mr. Vinoharan K For Respondents : Mr.M.Sarangan, Additional Government Pleader
O R D E R
The petitioner is working as a Secondary Grade Teacher at Thirnyanasambandar Middle School, Cheranmahadevi, Tirunelveli. She joined the service on 29.01.2016. Even prior to joining of service, she gave birth to one male child and in the year 2/9
2018, she was blessed with a female child. Thereafter, the third child was born to her on 15.03.2025. Therefore, she has submitted a representation on 28.03.2025 to grant maternity leave from 05.03.2025 to 28.02.2026. However, the same was rejected by the orders impugned in this writ petition.
2. This Court has already decided the issue in W.P. (MD)No.23455 of 2024, dated 21.01.2025, wherein, the rejection order of maternity leave for the third child of the petitioner therein has been set aside and directions were issued to the authorities to confer eligible maternity leave to the petitioner. 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 3/9
General, High Court of Madras and others, reported in 2025 SCC Online Mad 6176, held as under:
"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 4/9
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 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 5/9
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 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. The orders impugned in this writ petition are hereby set 6/9
aside. The respondents are directed to grant eligible maternity leave and maternity benefits as requested by the petitioner. No costs. Consequently, connected miscellaneous petition is closed. 13.02.2026 NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn 7/9
To 1.The Director of School Education, Chennai.
2.The Director of Elementary Education, Chennai.
3.The Chief Educational Officer, Tirunelveli District.
4.The District Elementary Education Officer, Tirunelveli District.
5.The Block Educational Officer - II, Cheranmahadevi, Tirunelveli District.
6.The Secretary, Thirnyanasambandar Middle School, Veeranallur, Cheranmahadevi, Tirunelveli.
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B.PUGALENDHI, J.
vrn Order made in WP(MD)No.3971 of 2026 and WMP(MD) No.3271 of 2026 13.02.2026 9/9