The Madras High Court has ruled that denying maternity leave to women government employees for their third pregnancy is legally unsustainable. A Division Bench of Justices R Suresh Kumar and Shamim Ahmed made this decision while hearing a petition filed by a woman whose request for maternity leave was rejected in December last year, that is, 2025.
The rejection was based on a government clarification that the Tamil Nadu Fundamental Rules did not provide maternity leave for a third child. However, the petitioner argued that similar cases had already been decided by earlier benches of the High Court, which had allowed maternity leave for third pregnancies.
The Court agreed with the petitioner, stating that the government’s interpretation was wrong. It explained that earlier judgments were not limited to individual cases but applied generally (in legal terms, “orders in rem”). The judges pointed out that the Supreme Court had already laid down the principle in the case of K Umadevi v. State of Tamil Nadu (2025), which recognised maternity leave for a third pregnancy. Therefore, the government could not claim that the benefit applied only to one petitioner.
The Court criticised the authorities for repeatedly rejecting such requests despite knowing about previous rulings. It said that relying only on government letters while ignoring judicial decisions showed a narrow and rigid approach. The judges stressed that this repeated denial of maternity benefits was an “agonising fact” and should not continue.
As a result, the Court reportedly set aside the rejection order and directed the authorities to grant the petitioner maternity leave from 8 August, 2025, to 7 August, 2026, along with all related service benefits. It also ordered that the necessary paperwork be completed within one week.
To prevent similar mistakes in the future, the Court instructed the Registrar General of the Madras High Court to circulate this ruling to all judicial officers across the state. This is to ensure that district courts and registries follow the same principle and grant maternity leave for third pregnancies in line with established law.
Simply put, the judgement reinforces that maternity leave is a legal right even for a third child, and government departments must comply with this settled position instead of denying benefits.
