K.UMADEVI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) The case of the petitioner is that she was working as an English Teacher in Government Higher Secondary School, P.Gollapatti, Dharmapuri District. Before joining the Government service, the petitioner was already married to one A.Suresh in 2006. From the said wedlock, two children were born in 2007 and 2011 respectively. Subsequently, due to estrangement between them, they fell out of each other and finally they were legally separated in the year 2017. The two children born from the said wedlock are in the custody of the petitioner's former husband.

(2.) On 12/9/2018, the petitioner got married to one Mr.M.Rajkumar. Due to conceivement from the second wedlock, the petitioner applied for grant of maternity leave to the authorities concerned for the period between 17/8/2021 and 13/5/2022 (nine months) towards pre-and-post-natal care. When she applied for grant of maternity leave, she was under the bona fide impression that earlier, when the two children were born from the first wedlock, she was not in Government service and that for the first time, she was availing the maternity leave benefit. She entered into the Government service only in December 2012, and that too from the second marriage, she was expecting a child, and in that circumstances there would not be any issue of grant of maternity leave to her. Her apprehension was due to the fact that in terms of the public policy adopted by the Government of India followed by the State Government prescribing two child norm, the benefit being sought for the third child, her request might not be favourably considered. However, in the peculiar facts and circumstances of the case, as stated above, she had submitted a request for the above said period.

(3.) The third respondent vide his proceedings dtd. 28/8/2021, rejected the request of the petitioner, quoting Fundamental Rule 101(a), applicable to State Government servants stating eligibility for grant of maternity leave is available only to women employees having only two surviving children and there is no provision for grant of maternity leave for the third child on account of her remarriage.