Madras High Court
M.Sangeetha vs The Director on 30 October, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.No.41115 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 30.10.2025
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.41115 of 2025
and
W.M.P.No.46074 of 2025
M.Sangeetha ..... Petitioner
Vs
1. The Director
Panchayat Union Middle School (PUMS),
Chennai.
2. The Chief Education Officer
Dharmapuri District,
Dharmapuri.
3. The District Education Officer
Dharmapuri District,
Dharmapuri.
4. The Block Education Officer
Palacode Taluk,
Dharmapuri District.
5 The Head Master
Panchayat Union Middle School (PUMS),
Chikkadoranabettam, Palacode Taluk,
Dharmapuri District ..... Respondents
1/7
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W.P.No.41115 of 2025
Prayer : Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, to call for the records pertaining to the
proceedings of the 4th Respondent in O.Mu.No.1783/A3/2025 dated 22.07.2025
and quash the same as illegal, incompetent and ultravires and consequently direct
the respondents to grant maternity leave from 07.07.2025 to 06.07.2026 with full
pay of salary and its benefits to the petitioner by considering her representation
dated 07.07.2025.
For Petitioner : Mr.M.Venkatesh
For Respondents : Mrs.S.Mythreye Chandru
Special Government Pleader
ORDER
This Writ Petition has been filed challenging the order dated 22.07.2025
passed by the fourth respondent, thereby rejected the request made by the
petitioner seeking Maternity Leave from 07.07.2025 to 06.07.2026.
2. Heard the learned counsel appearing on either side and perused the
materials available on record.
3. The petitioner was appointed as a Junior Secondary Grade Assistant
Teacher and joined service on 21.12.2005. She got married on 11.12.2009 and she
gave birth to three daughters. Unfortunately, her elder daughter died. Thereafter,
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the petitioner gave birth to another child on 17.07.2025. Hence, she applied for
maternity leave from 07.07.2025 to 06.07.2026. However, the said request was
rejected on the ground that the petitioner had already availed maternity leave for
her two daughters. Thereafter, once again the petitioner applied for maternity leave
from 07.07.2025 and the same was rejected by an order dated 27.10.2025.
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. However, the said provision
cannot be interpreted in such a manner as to empower the State to deny the
maternity leave, even when it is sought for the first time, merely on the ground that
it pertains to a third pregnancy. Maternity benefit is a constitutional right that
cannot be denied for the birth of a third child.
5. A similar issue has already been dealt with by the Hon'ble Division
Bench of this Court in W.P.No.33559 of 2025, dated 04.09.2025, wherein this
Court held as follows :
“6. The issue raised in this appeal is no more res integra
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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 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 Judgment and by following the dictum laid down
by the Hon'ble Supreme Court of India as well as this Court, the order impugned in
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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 and fourth respondents are directed to grant maternity leave to the
petitioner for the period from 07.07.2025 to 06.07.2025 together with all
consequential benefits, in accordance with the applicable rules, forthwith.
7. In the result, this Writ Petition stands allowed. Consequently,
connected miscellaneous petition is closed. There shall be no order as to costs.
30.10.2025
Neutral citation :Yes/No
Index:Yes/No
Speaking/Non speaking
Lpp
To
1. The Director
Panchayat Union Middle School (PUMS),
Chennai.
2. The Chief Education Officer
Dharmapuri District,
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Dharmapuri.
3. The District Education Officer
Dharmapuri District,
Dharmapuri.
4. The Block Education Officer
Palacode Taluk,
Dharmapuri District.
5 The Head Master
Panchayat Union Middle School (PUMS),
Chikkadoranabettam, Palacode Taluk,
Dharmapuri District
G.K.ILANTHIRAIYAN, J.
Lpp
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30.10.2025
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