CHENNAI: The Madras High Court has ruled that denying maternity leave for a third child is unconstitutional, and directed the Tamil Nadu government to grant a school teacher full pay and benefits. The decision sets aside an administrative order that had previously rejected the teacher's application.
The petitioner, S Sumaya Rahamath, a teacher in the Nilgiris district, applied for maternity leave from April 15, 2026, to April 14, 2027. Her request was rejected by the Block Educational Officer because she already had two children from her first marriage. Rahamath moved the court to quash this rejection and secure her full service benefits.
Justice PT Asha, while allowing the writ petition, relied on Supreme Court precedents establishing that maternity benefits cannot be restricted based on the number of children. The court observed that denying leave in such instances violates fundamental rights and directed that the authorities sanction the leave period with all consequential and attendant benefits.
~ Denying leave in such instances violates fundamental rights
~ The authorities must sanction the leave period with all consequential and attendant benefits