3 - ஆவது குழந்தை பிறப்புக்கு 12 வாரங்கள் மகப்பேறு விடுப்பு அனுமதித்து அரசாணை வெளியீடு!!- CLICK HERE TO DOWNLOAD PDF
ORDER:
In the Government Order first read above, orders were issued prescribing the two surviving children norms for granting of maternity leave to the married women Government Servants. Accordingly, necessary amendments to the rule 101(a) of the Fundamental Rules have been made in the Government Order second read above.
2. In various Writ Petitions filed by the women Government servants seeking Maternity leave for their third child, before the Hon'ble High Court, the Court has disposed of those cases with the direction to grant the maternity leave for their third confinement/delivery, based on the observations of the Hon'ble Supreme Court of India in the order third read above.
3. The Hon'ble Supreme Court of India in its order dated 23.05.2025 in Special Leave Petition (Civil) No.20178 of 2022 has observed as follows:
19. A careful perusal of the above provision would reveal that grant of maternity benefit is per se not denied to a woman employee having more than two children. Following amendment in the year 2017, a restriction has been introduced in Section 5 by inserting a proviso under sub-section (3) as to the entitiement of the period of maternity leave. A woman employee having less than two surviving children is entitled to a maximum period of benefit i.e. 26 weeks and for a woman employee having two or more than two surviving
children, the benefit is restricted to 12 weeks. Thus, there is no ceiling or cap on the number of children to claim maternity benefit. Only thing is that in case of a woman employee having two or more than two surviving children seeking matemity leave, period of the benefit is reduced: from a maximum period of 26 weeks to a maximum of 12 weeks." 4. Based on the observation made by the Hon'ble Supreme Court of india, it is clear that the restriction of grant of maternity leave to women employees is violative of Article 21 of the Constitution of India and entitlement of maternity benefits without restricting the number of children, by the women employees are recognised by the various International treaties and Conventions. Further, the Apex Court in the aforesaid decision has also highlighted the provisions contained in the proviso to sub-section (3) of section 5 of the Maternity Benefit Act, 1961 (Central Act 53 of 1961) as to the entitlement of the period of maternity benefit which provides that, a woman employee having less than two surviving children is entitled to a maximum period of benefits 1.e. 26 weeks and for a woman employee having two or more than two surviving children, the benefit is restricted to 12 weeks and thus the Supreme Court has observed that in the sald provision, there is no ceiling or cap on the number of children to claim maternity benefit.
5. The first proviso to sub-section (3) of the section 5 of the sald Central Act provides as follows:-
Provided that the maximum period entitled to maternity benefit by a woman having two or more than two surviving children shall be twelve weeks of which not more than six weeks shall precede the date of her expected delivery:
6. After careful consideration of the above observations made by the Supreme Court of India in the order third read above and the provisions under the Maternity Benefit Act, 1961, the Government have decided to grant maternity leave to the women Government Servants having two or more than two surviving children and make suitable amendments to this effect in the Fundamental Rules of the Government of Tamil Nadu, 1922.
7. Accordingly, the following Notification shall be published in the Tamil Nadu Government Gazette Extraordinary dated 13.03.2026;-
3 - ஆவது குழந்தை பிறப்புக்கு 12 வாரங்கள் மகப்பேறு விடுப்பு அனுமதித்து அரசாணை வெளியீடு!!- CLICK HERE TO DOWNLOAD PDF
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