TN’s leave restriction for third pregnancy unlawful: Madras high court

CHENNAI: A govt order (GO) issued by the Tamil Nadu restricting maternity leave for third pregnancy to 12 weeks is unjustifiable and against the law settled by the Supreme Court, ruled Madras high court on Wednesday.

“This kind of restriction made by the govt through the GO is against the dictum of the Supreme Court as well as this court. The same cannot be approved by this court,” a division bench of Justice R Suresh Kumar and Justice N Senthilkumar said.

“For restricting the period to 12 weeks, absolutely, there is no justification on the part of the govt. Pregnancy, may be first, second or third, but the suffering would be the same and the pre-delivery as well as the post-delivery care that a mother needs to take is same in all such pregnancies,” the court added.

“Therefore, no discrimination could be shown by the govt in approving the maternity benefits, especially maternity leave for the third pregnancy to the employees,” the bench said.

The court passed the order on a plea moved by Shayee Nisha, challenging rejection of her application for maternity leave by the principal district judge, Villupuram.

“... several policy decisions are being taken by the Tamil Nadu govt for the welfare of the women folks, and several new and novel schemes are also being introduced for the upliftment of the women, the present deviation made by the govt by restricting the maternity benefits to the pregnant woman only to 12 weeks is not in consonance with the consistent policy taken by the state govt, nor is it in consonance with the law settled in this regard by the Supreme Court,” the court said.

“Resultantly, we have no hesitation to hold that the order passed by the Principal District Judge, Villupuram, is liable to be set aside and accordingly, it is set aside. As a sequel, there shall be a direction to the Principal District Judge, Villupuram, to consider the application submitted by the petitioner and sanction the maternity leave as equal to that of pregnant women of first and second pregnancy, unmindful of the GO dated March 13,” the court said.