M.Rajammal v. The Government Of Tamilnadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.11.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU W.P.(MD)No.17266 of 2025 M.Rajammal

...Petitioner

Vs 1.The Government of Tamilnadu, Rep. by its Addl. Chief Secretary, Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai.

2.The Commissioner, Revenue and Disaster Management Department, Ezhilagam, Chepauk, Chennai.

3.The District Collector, Madurai District, Madurai.

... 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 entire records connected with the rejection of maternity leave vide in Na.Ka.No.g.m.3/20696/2025 dated 14.06.2025 passed by the third respondent and to quash the same consequently directing the third respondent to grant maternity leave to the petitioner from 16.06.2025 to 15.06.2026.

1/5

For Petitioner : Mr.Baburajendran For Respondents : Mr.M.Siddharthan Additional Government Pleader

O R D E R

This writ petition has been filed for a writ of Certiorarified Mandamus, to call for the entire records connected with the rejection of maternity leave vide in Na.Ka.No.g.m.3/20696/2025 dated 14.06.2025 passed by the third respondent and quash the same and consequently directing the third respondent to grant maternity leave to the petitioner from 16.06.2025 to 15.06.2026.

2. The issue raised in the writ petition is no longer res integra. This Court in W.P(MD)No.23455 of 2024, following the judgment of the Hon'ble Apex Court had held that there can be no restriction of grant of maternity leave by the number of child that is born to the concerned employee. I am also in agreement with the view taken by the learned Single Judge.

2/5

3. It is brought to the notice of this Court that the respondents had not paid the salary for five months and treated the maternity leave as medical leave without pay.

4. In view of the same, the writ petition stands allowed. The impugned order stands quashed and the respondents are directed to approve the maternity leave for the petitioner in accordance with the provisions of the Act and Rules alone and pay the salary for a period of five months within a period of eight weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

19.11.2025 NCC:yes/no Index:yes/no Internet:yes/no Sn To:

1.The Addl. Chief Secretary, Commissioner of Revenue Administration, Ezhilagam, Chepauk, Chennai.

3/5

2.The Commissioner, Revenue and Disaster Management Department, Ezhilagam, Chepauk, Chennai.

3.The District Collector, Madurai District, Madurai.

K.KUMARESH BABU , J.

4/5

Sn 19.11.2025 5/5