Tamil Nadu

Maternity benefit for 3rd child can't be denied: Madras HC

The order was passed on a petition filed by P Mangaiyarkkarasi, an employee of the Madras High Court, who sought maternity leave for her third delivery.

DTNEXT Bureau

CHENNAI: The Madras High Court has directed authorities to grant maternity leave even in the case of a third childbirth and ensure strict implementation of the directions issued earlier by the Supreme Court and the High Court on the matter.

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The order was passed on a petition filed by P Mangaiyarkkarasi, an employee of the Madras High Court, who sought maternity leave for her third delivery.


A Division Bench comprising Justices R Suresh Kumar and Shamim Ahmed observed that although the Tamil Nadu government’s Fundamental Rules restrict the grant of maternity leave for the third childbirth, the Supreme Court has categorically held that maternity benefits cannot be denied on this ground. The High Court, too, has issued similar directions in earlier cases.

In view of this, the Bench directed the Registrar of the Madras High Court to grant the petitioner one year of maternity leave along with all eligible monetary benefits.


To avoid repeated litigation on the issue, the judges also instructed the Registrar General of the Madras High Court to circulate the order to all judicial officers, who head units in the district judiciary across the State, for strict compliance in similar cases in the future.


Further, a copy of the order was directed to be sent to the Chief Secretary of Tamil Nadu, with instructions to ensure that all departmental secretaries and heads of departments implement the directions of the Supreme Court and the High Court without deviation.

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