Case Note & Summary
The petitioner, S.Divya, is an Office Assistant serving in the Court of Judicial Magistrate, Fast Track Court Magisterial Level, Poonamallee. She has three children: Sai Samyuktha (aged 6), Poshika (aged 3½), and Jeevithan (born on 14.06.2025). She applied for maternity leave for 365 days from 26.05.2025 to 25.05.2026 for her delivery and baby care. The learned Judicial Magistrate sanctioned maternity leave vide proceedings dated 15.05.2025 in line with G.O.Ms.No.84, Human Resources Management Department dated 23.08.2021. The order was forwarded to the Principal District Judge, Tiruvallur, who approved it. However, when salary bills were presented to the Treasury, the Treasury on 26.06.2025 turned down the bills citing Fundamental Rule 101(A) on the ground that the petitioner is not eligible for maternity leave of 365 days for the third child. The petitioner then filed the present writ petition under Article 226 of the Constitution of India seeking a writ of certiorarified mandamus to quash the Treasury's orders and direct payment of maternity leave salary. The Court examined the provisions of G.O.Ms.No.84 and Fundamental Rule 101(A). The Court noted that G.O.Ms.No.84 provides for 365 days maternity leave without any restriction on the number of children, whereas FR 101(A) restricts maternity leave to the first two live children. The Court held that the Government Order, being a beneficial piece of legislation, should prevail over the Fundamental Rule, and the petitioner is entitled to maternity leave for her third child. The Court allowed the writ petition, quashed the Treasury's orders, and directed the Treasury to make payment from June 2025 for the period of maternity leave sanctioned (26.03.2025 to 25.05.2026).
Headnote
A) Service Law - Maternity Leave - Third Child - G.O.Ms.No.84, Human Resources Management Department dated 23.08.2021 - Fundamental Rule 101(A) - The petitioner, an Office Assistant, sought 365 days maternity leave for her third child. The Treasury rejected payment citing FR 101(A) which restricts maternity leave to first two children. The Court held that G.O.Ms.No.84, being a beneficial order, does not contain any restriction on the number of children and therefore the petitioner is entitled to maternity leave for 365 days for her third child. The Court directed the Treasury to make payment from June 2025 for the sanctioned maternity leave period (Paras 1-11).
Issue of Consideration
Whether a female government servant is entitled to 365 days maternity leave for her third child under G.O.Ms.No.84 dated 23.08.2021, despite the restriction under Fundamental Rule 101(A) limiting maternity leave to first two live children.
Final Decision
The writ petition is allowed. The impugned orders of the 2nd respondent dated 01.09.2025 and 18.09.2025 are quashed. The 2nd respondent is directed to make payment from June 2025 for the period of maternity leave sanctioned (26.03.2025 to 25.05.2026) to the petitioner.
Law Points
- Maternity leave for 365 days is available for third child under G.O.Ms.No.84 dated 23.08.2021
- Fundamental Rule 101(A) does not override beneficial government orders
- Article 226 of Constitution of India
