Madras High Court
L.Saranya vs The Government Of Tamil Nadu on 25 October, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.39742 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.10.2025
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.39742 of 2025
and
W.M.P.No.44653 & 44654 of 2025
L.Saranya .... Petitioner
Vs
1. The Government of Tamil Nadu,
Rep. by its Chief Secretary to the Government,
Fort St. George, Chennai-600 009.
2. The Director General of Police
No.1, Radhakrishnan Salai,
Mylapore, Chennai-600 004.
3. The Superintendent of Police,
Armed Reserve,
Villupuram District.
4. The Deputy Superintendent of Police,
Armed Reserve,
Villupuram District.
4. The Inspector of Police,
Armed Reserve,
Villupuram District. .... Respondents
1/7
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W.P.No.39742 of 2025
Prayer : Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the entire
records connected with the rejection of maternity leave in proceedings
No.Na.Ka.No.H2/25453/2025 dated 30.09.2025 passed by the 3rd
respondent and quash the same as illegal and arbitrary and consequently
directing the respondents to grant petitioner maternity leave from
25.06.2025 to 24.06.2026 and its benefits to the petitioner by considering
the petitioner's representation dated 23.09.2025.
For Petitioner : Ms.K.Swetha
For Respondents : Mr.Yogesh Kannadasan
Special Government Pleader
ORDER
This Writ Petition has been filed challenging the order dated
30.09.2025 passed by the third respondent, thereby rejecting the petitioner's
request for grant of maternity leave for the delivery of her third child.
2. Heard the learned counsel appearing on either side and perused
the materials available on record.
3. The petitioner is working as a Grade-II Women Police
Constable in the IV Battalion, Armed Reserve, Kaakuppam, Villupuram
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District, since 02.12.2018. Prior to her appointment, the petitioner had
given birth to her first male child. After joining service, she gave birth to
her second male child, for which she was granted maternity leave and the
corresponding benefits. Subsequently, the petitioner conceived again and
delivered her third child on 25.06.2025. Therefore, the petitioner submitted
a representation seeking maternity leave and its attendant benefits for her
third confinement. However, the said request was not granted and was
orally rejected on the ground that maternity benefits are not applicable for
the third delivery. Consequently, the petitioner availed medical leave to
take care of her newborn child. Thereafter, she was directed to report for
duty on 09.09.2025. However, the petitioner was unable to continue her
service due to her health condition and childcare responsibilities.
Subsequently, she was sanctioned earned leave from 11.09.2025 to
10.01.2026. Thereafter, the petitioner submitted a representation seeking
maternity leave benefits for her third child, which was rejected on the
ground that the maternity leave benefits are not admissible for the third
confinement.
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4. The Hon'ble Supreme Court of India as well as this Court have
repeatedly held that a women Government employee would be entitled to
seek maternity leave only twice during her service period and it cannot be
interpreted in such a manner that the State would be entitled to deny the
maternity leave, even if it is claimed for the first time, citing third
pregnancy. The maternity is a constitutional right that cannot be denied for
the birth of a third child.
5. In this regard, the learned counsel appearing for the petitioner
relied upon the order of the Hon'ble Division Bench of this Court dated
04.09.2025 in W.P.No.33559 of 2025, wherein this Court held as follows :
“6. The issue raised in this appeal is no more res
integra in view of the pronouncement made by the Hon'ble
Supreme Court in the case of Umadevi Vs. Government of
Tamil Nadu and others reported in 2025 SCC Online SC
1204, where also under similar circumstances for granting
of maternity leave and maternity benefits for a mother who
was pregnant third time since has been allowed by the writ
Court which decision was reversed by the Division Bench of
the High Court as against which when Special Leave
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Petition was preferred, having converted the same into Civil
Appeal No.2526 of 2025, the Hon'ble Supreme Court in the
said judgment cited supra has allowed the said Civil Appeal.
12. When that being so, it does not restrict to first
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.”
6. In view of the above and by following the dictum laid down
by the Hon'ble Supreme Court of India as well as this Court, the order
impugned in this writ petition cannot be sustained and is liable to be set
aside. Accordingly, the order of rejection of maternity leave passed by the
third respondent is hereby set aside. The third respondent is directed to
grant maternity leave to the petitioner for the period from 25.06.2025 to
24.06.2026 together with all consequential benefits, in accordance with the
applicable rules, forthwith.
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7. In the result, this Writ Petition stands allowed. Consequently,
connected miscellaneous petitions are closed. There shall be no order as to
costs.
25.10.2025
Neutral citation :Yes/No
Index:Yes/No
Speaking/Non speaking
Lpp
To
1. The Chief Secretary to the Government,
Government of Tamil Nadu,
Fort St. George, Chennai-600 009.
2. The Director General of Police
No.1, Radhakrishnan Salai,
Mylapore, Chennai-600 004.
3. The Superintendent of Police,
Armed Reserve,
Villupuram District.
4. The Deputy Superintendent of Police,
Armed Reserve,
Villupuram District.
4. The Inspector of Police,
Armed Reserve,
Villupuram District.
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G.K.ILANTHIRAIYAN, J.
Lpp
and
W.M.P.No.44653 & 44654 of 2025
25.10.2025
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