Case Note & Summary
The case involved a writ petition filed under Article 226 of the Constitution of India by the petitioner, T.R. Lakshmi, seeking a declaration that the proviso to Rule 101(a) of the Tamil Nadu Fundamental Rules, which limited maternity leave to women government servants with less than two surviving children, was illegal and arbitrary. The petitioner sought maternity leave for the birth of her third child from July 2025 to June 2026 and requested regularization of her leave taken from 14.07.2025 with full pay and benefits. The Government had amended the impugned rule in G.O.Ms.No.53, Human Resources Management (FR-III) Department, dated 25.08.2026, which extended maternity leave benefits. The Headmaster of the Government Girls High Secondary School, Tiruvallur District, had also passed an order extending maternity leave to the petitioner. Given the Government's amendment of the rule in favor of employees, the court found no need for further adjudication. Consequently, the writ petition was disposed of without costs, and any connected miscellaneous petitions were closed.
Headnote
A) Administrative Law - Maternity Leave - Proviso to Rule 101(a) - Legality of Maternity Leave Provisions - Tamil Nadu Fundamental Rules, 1953, Rule 101(a) - The court considered the legality of the proviso that restricts maternity leave to women government servants with less than two surviving children, finding it manifestly arbitrary. The Government amended the rule in favor of employees, thus rendering further adjudication unnecessary. Held that the writ petition was disposed of accordingly (Paras 2-4).
Issue of Consideration
Whether the proviso to Rule 101(a) of the Tamil Nadu Fundamental Rules regarding maternity leave is illegal and arbitrary.
Final Decision
The writ petition was disposed of as the Government amended the rule in favor of employees, making further adjudication unnecessary.
Law Points
- Maternity leave
- Fundamental rules
- Government amendment
- Article 226
- Arbitrary rule
