A. DEEPALAKSHMI Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This Writ Petition is filed for issuance of a Writ of Certiorarified Mandamus, to quash the impugned order passed by the 4th respondent in A1/019461/2021, dtd. 30/12/2021 and to direct the respondents to sanction maternity leave to the petitioner for 12 months commencing from 20/9/2021 and to quash the same.

(2.) The brief facts of the case are that the petitioner joined the fourth respondent Corporation on 12/4/2013 as "Unskilled Worker". The petitioner's first child was mentally retarded who is having Cerebral Palsy and she is completely immobilized. On 21/11/2015, the petitioner gave birth to another child, namely, Dakshasri. Since the petitioner's first child was mentally retarded, the petitioner and her husband decided to have one more child. The petitioner was conceived a baby on 13/9/2021 and she applied for maternity leave on 20/9/2021. The petitioner was permitted to go on maternity leave and directed to hand over charges. The petitioner submitted a representation on 10/2/2021, requesting to sanction maternity leave but without considering the praying, the fourth respondents rejected the applications, stating that the petitioner is already having two living children and as per G.O.Ms.No.237, Personnel and Administrative Reforms Department, dtd. 29/6/1993, the petitioner is not entitled to maternity leave. Aggrieved over the same, the petitioner has filed this Writ Petition.

(3.) This Writ Petition came up for admission and the respondents were directed to take instructions and submit their arguments. The case was again taken up at 2.15 pm for further arguments. Since the submission of the respondents are based on the G.O. Ms. No. 237, Personnel and Administrative Reforms Department, dtd. 29/6/1993 and the same is considered as counter on behalf of the respondents. The respondents submitted that the petitioner cannot be granted because as per Clause 5(i) of the G.O.Ms.No.237, wherein it clearly states that maternity leave cannot be granted if the employee is having two living children.