The Madras High Court has issued a significant order directing the State government to provide a government employee with one year of maternity leave for her third child born through a second marriage, as her two children from her first marriage remain with her legally separated the first husband.
K Umadevi, a government higher secondary school teacher in Dharmapuri, filed a writ petition, which was granted by Justice V Parthiban. She asked for an injunction to overturn the Chief Educational Officer's (CEO) decision to deny her leave application due to the two-child rule and to grant her leave with pay from October 2021 to October 2022.
According to the order, the CEO's rejection of the petitioner's claim for maternity benefits cannot be justified in law, and thus the impugned proceedings are hereby set aside. He ordered the government to grant the petitioner maternity leave for a period of two weeks.
The benefit was extended to the second delivery in a G.O. issued on June 20, 2018, even if a woman government servant had given birth to twins in the first delivery. The judge noted that based on the facts and circumstances of the case, it is impossible to say that the petitioner has two surviving children today.
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