Case Note & Summary
The case involved a writ petition filed by T.R. Lakshmi under Article 226 of the Constitution of India, challenging the legality of 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. The petitioner sought a declaration that this proviso was illegal and arbitrary, and requested maternity leave for the birth of her third child from July 2025 to June 2026, along with 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. The court noted that since the Government had amended the rule in favor of employees, no further adjudication was required. Consequently, the writ petition was disposed of without costs, and any connected miscellaneous petitions were closed.
Headnote
A) Constitutional Law - Maternity Leave - Proviso to Rule 101(a) - Legality of Restriction - Article 226 of the Constitution of India - The court examined the legality of the proviso restricting 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, 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, which restricts maternity leave to women government servants with less than two surviving children, is illegal.
Final Decision
The court disposed of the writ petition without costs, noting the Government's amendment of the rule rendered further adjudication unnecessary.
Law Points
- Maternity Leave
- Proviso to Rule 101(a)
- Tamil Nadu Fundamental Rules
- Article 226 of the Constitution of India
