JUDGMENT

Jitendra Jain, J. - Rule. Rule made returnable forthwith. By consent of the parties the petition is heard finally.

2. By this petition under Article 226 of the Constitution of India, the Petitioners seek to challenge communications dated 28th January 2014 and 31st March 2014 issued by Respondent No.2, whereby Petitioner No.2's application for maternity leave benefit is rejected on the ground that Petitioner No.2 is having more than two surviving children and hence is not eligible for the grant of maternity leave as per AAI Leave Regulations 2003.

Brief facts:-

3. The Petitioner No.2 married Mr. K. Raja Armugam and on 18th July 1997 gave birth to one child from the said wedlock. However, on 6th December 2000, Mr. K. Raja Armugam passed away and in his place, pursuant to an application by Petitioner No.2 for compassionate appointment, she was appointed by Respondent No.2 on compassionate ground as Junior Attendant on 24th February 2004.

4. On 1st July 2008, Petitioner No.2 remarried one Mr. Shyam Sandal. Out of the second wedlock, she gave birth to two children. On 27th June 2009, Petitioner No.2 had her first child and thereafter the second child was born on 3rd September 2012.

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