S.Shakila Banu vs The State Of Tamil Nadu
2025 Latest Caselaw 6957 Mad

Madras High Court

S.Shakila Banu vs The State Of Tamil Nadu on 11 September, 2025

                                                                                         W.P(MD)No.7974 of 2025



                           BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                               DATED: 11.09.2025

                                                        CORAM

                                  THE HON'BLE MR.JUSTICE K.KUMARESH BABU

                                            W.P(MD)No.7974 of 2025
                                                    and
                                           W.M.P(MD)No.6011 of 2025

                     S.Shakila Banu                                                    ... Petitioner

                                                             Vs.

                     1.The State of Tamil Nadu,
                       Represented by its Secretary to Government,
                       Home, Prohibition & Excise Department,
                       St. George Fort,
                       Chennai-9.

                     2.The Director of Prosecution,
                       Tamil Nadu Slum Clearance Board Complex,
                       Annexure Building 1st Floor,
                       No.5, Kamarajar Salai,
                       Chennai-5.

                     3.The Deputy Director of Prosecution,
                       Sivagangai.                                                    ... 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 order, dated 29.01.2024


                     1/5




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                                                                                             W.P(MD)No.7974 of 2025

                     in Na.Ka.No.92/A1/2024 passed by the third respondent and quash the
                     same as illegal and consequently direct the third respondent to grant
                     maternity leave to the petitioner for her third child as per the Government
                     Orders by adjusting the medical leave and earned leave availed by the
                     petitioner and pass such further or other orders as this Court.


                                         For Petitioner        : Mr.A.Mohan

                                         For Respondents : Mr.F.Deepak
                                                           Special Government Pleader


                                                               ORDER

The present writ petition has been filed to quash the order, dated

29.01.2024 passed by the third respondent and consequently direct the

third respondent to grant maternity leave to the petitioner for her third

child as per the Government Orders by adjusting the medical leave and

earned leave availed by the petitioner.

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

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employee. I am also in agreement with the view taken by the learned

Single Judge.

3. 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. There shall be no order as to

costs. Consequently, connected Miscellaneous Petition stands closed.

                                                                                                11.09.2025
                     NCC               :     Yes / No
                     Index             :     Yes / No
                     Internet          :     Yes
                     BTR

                     To

                     1.The Secretary to Government,
                       The State of Tamil Nadu,

Home, Prohibition & Excise Department, St. George Fort, Chennai-9.

2.The Director of Prosecution, Tamil Nadu Slum Clearance Board Complex, Annexure Building 1st Floor, No.5, Kamarajar Salai, Chennai-5.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/09/2025 12:52:05 pm )

3.The Deputy Director of Prosecution, Sivagangai.

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/09/2025 12:52:05 pm )

K.KUMARESH BABU, J.

BTR

Order made in

11.09.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/09/2025 12:52:05 pm )