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Telangana High Court
Smt.Gajula Rajani vs The State Of Telangana on 7 April, 2026
Author: P. Sam Koshy
Bench: P. Sam Koshy
IN THE HIGH COURT FOR THE STATE OF TELANGANA
AT HYDERABAD
THE HON'BLE SRI JUSTICE P. SAM KOSHY
AND
THE HON'BLE SRI JUSTICE NARSING RAO NANDIKONDA
WRIT PETITION No.8559 of 2026
DATE: 07.04.2026
Between:
Smt. Gajula Rajani
...Petitioner
AND
The State of Telangana
Rep. by its Chief Secretary, GAD,
Dr. B.R. Ambedkar Telangana State Secretariat
Hyderabad and 3 others
...Respondents
O R D E R:
(As per the Hon'ble Sri Justice P. Sam Koshy)
Heard Mr. G. Bhasker Reddy, learned counsel
appearing for the petitioner, Ms. M. Shalini, learned
Government Pleader for Services-II appearing for respondent
No.1 and Mr. K.V. Raman, learned Standing Counsel for
High Court appearing for respondent Nos.3 and 4.
PSK,J & NNR,J
WP_8559_2026
2. The instant writ petition has been filed by the petitioner
under Article 226 of the Constitution of India seeking the
following relief/s, viz.,
"....issue a writ, order or direction more particularly one in the
nature of Writ of Mandamus declaring the action of the
Respondents in not considering the Representation of the
Petitioner date. 03.12.2025 seeking to sanction and release the
salary to the Petitioner for the period of 171 days pertaining to
maternity leave availed by her from 21.01.2025 to 10.07.2025
(both days are inclusive) as illegal, arbitrary, unjust and
violative of articles 14, 19 and 21 of the Constitution of India
besides being contrary to GO Ms No. 152, Finance (FR.I)
Department, dated 04.05.2010 and consequently direct the
Respondents to pay salary to the Petitioner for the period of 171
days of maternity leave availed by her from 21.01.2025 to
10/07/2025 (both days are inclusive) in the interest of justice."
3. Learned counsel for the petitioner submits that in an
identical matter i.e., W.P.No.34278 of 2025, this Court vide
Order dated 13.11.2025 has allowed the same based upon the
G.O.Ms.No.152 dated 04.05.2010. In the instant case, the
petitioner employed as a Stenographer Grade-III on contract
basis is not in dispute. The petitioner has been appointed
from 01.04.2023 is again not in dispute. The erstwhile
Government of Andhra Pradesh had issued a G.O.Ms.No.152
dated 04.05.2010 whereby it was decided by the State
PSK,J & NNR,J
WP_8559_2026
Government to ensure that the recommendation made by the
9th Pay Revision Commission in granting maternity leave
benefits to married women employees. For the sake of better
appreciation, the relevant paragraphs in G.O.Ms.No.152 are
extracted hereunder:
"3. In the Government orders 1st and 2nd read above,
orders are issued to the effect that married female Government
servants, temporary or permanent, shall be granted maternity
Leave for a period of 90 days. In the Government Order 3rd read
above, orders were issued that the Maternity Leave to the married
female Government servants shall be granted to those with less
than two surviving children. In the Government orders 4th read
above, orders were issued enhancing the maternity leave to the
married female Government servants, temporary or permanent,
from 90 days to 120 days.
4. The 9th PRC in their report observed that, the
Government of India earlier issued orders enhancing the Maternity
Leave to 135 days and it was further enhanced to 180 days based
on the recommendations of 6th CPC. The Employees Associations
have requested to extend the same to the Women employees
working in the State Government also. PRC 2005 did not
recommend the extension of this leave from 120 to 135 days on the
ground that a period of 120 days is considered adequate and since
paternity leave is also recommended. The recommendation of 6th
CPC up to 180 days was based on the guidelines of Ministry of
H & FW which recommends nursing of children up to the age of 6
months. Hence, the Commission recommends grant of Maternity
leave to the married women employees of the State up to 180 days
on par with the employees of Government of India subject to the
condition that the same would be available up to 2 surviving
children only."
4. The plain reading of aforesaid clause of G.O.Ms.No.152
would clearly indicate that the benefits of the G.O.Ms.No.152
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WP_8559_2026
was also to be extended even to temporary employees also
subject to their fulfilling the conditions stipulated therein. The
petitioner fulfilling the conditions stipulated is not in dispute
and therefore, the non-granting of the benefits of the
maternity leave to the petitioner prima facie is in violation of
the G.O.Ms.No.152, dated 04.05.2010.
5. This view of the Bench stands fortified by considering
earlier decision of this Court in W.P.No.34278 of 2025,
wherein again based on G.O.Ms.No.152, and this Court has
allowed the said writ petition and the counsel representing
the respondents have submitted that the earlier order stands
implemented and the petitioner therein has been granted the
benefits of the salary during the maternity leave period.
6. Coming to the present facts and circumstances, more
particularly relying upon the G.O.Ms.No.152 dated
04.05.2010 which equally applies to the employees working in
the District Judiciary as well. We see no good reason for the
petitioner who inspite of meeting the conditions stipulated in
G.O.Ms.No.152 and not being extended the benefits of salary
during the maternity period.
PSK,J & NNR,J
WP_8559_2026
7. For the aforesaid reason, we are inclined to allow the
present Writ Petition and direct the respondents to forthwith
consider and process the claim of the petitioner insofar as
sanctioning and releasing of the salary for 171 days of
maternity leave that the petitioner have availed from
21.01.2025 to 10.07.2025. Let the above said direction be
implemented within a period of sixty (60) days from the date
of receipt of a copy of this order.
8. Accordingly, this Writ Petition stands allowed. There
shall be no order as to costs.
As a sequel, miscellaneous applications, if any pending,
shall stand closed.
_______________________________
JUSTICE P. SAM KOSHY
________________________________________________
JUSTICE NARSING RAO NANDIKONDA
Date: 07.04.2026.
vjb/sha
