N. Kirubakaran, J.

1. "Delivery gives birth not only to a child, but also a mother as well." It is not confined to human kind but applicable to all the creatures in the universe. Motherhood is common for all creatures, as it is evident from the love and affection and care shown by the mother of all creatures to their new born. Not only the new born, but the reborn mother also requires nurturing care, affection and proper rest, so that she could look after the child very well by feeding the child. There is no substitute for mother's milk in the world and even the so-called "divine nectar" could not be equal to mother's milk. Unless good rest is available to the mother without any worry or pressure and other compulsions, it would not be possible for her to be a "real mother". Anybody could take care of the mother, whereas it is only the mother, who could take proper care of the child. Therefore, it is the duty of the Government or Employer, whoever it may be, to grant sufficient and required Maternity holidays for women Government Employees or Workers during pre-delivery period and post delivery period, for the purpose of recuperation. That is the reason why the State Government made it mandatory to grant originally 3 months (90 days) leave as Maternity Leave and thereafter, as six months (180 days) and further enhanced from six months (180 days) to nine months (270 days) with full pay at the option of women Government Servants. The Central Government provided 90 days originally and it has been enhanced to six months (180 days) by virtue of amendment in CCS Leave Rules, 1972 with effect from 1.9.2008. After seven years, now the Ministry of Labour and Employment, Government of India, brought Maternity Benefit Amendment Act 2017, which has come into force from 1.7.2014 giving paid Maternity Leave to the women employed in Factories, Mines, Shops or Commercial establishments employing 10 or more Employees enhancing existing 12 weeks (84 days) to 26 weeks (182 days), which could be availed by women, 8 weeks before the expected delivery date and the remaining 18 weeks post child birth, for the first two child birth.

2. When aforesaid is the position of law brought by the State Government with effect from 16.5.2011 (180 days), then from 7.11.2016 (270 days) and by the Central Government (180 days) with effect from 1.9.2008, it is not understandable as to how the Respondents refuse to treat the Maternity Leave availed by the Petitioner herein as period of service which would enable her to complete the two year minimum period service to get Post-Graduate Medical admission. This case would throw light as to how the Government officials are acting contrary to the Rules, prejudicing the rights of women Government Servants, like the Petitioner. It is nothing but an incidence of woman harassment. Refusing to grant the legal benefit itself is an incidence of harassment of woman or discrimination of woman. The officials who are supposed to take decision need to be sensitized regarding the entitlement of Maternity Leave of women Government Servants.

3. The Petitioner, who is a Doctor possessing M.B.B.S. degree has come before this Court, challenging a clause in her Appointment Order dated 9.3.2015, which states that the individual should serve in Government for a period of not less than three years, excluding any period spent on training, leave or higher education and the individual should also abide by the condition that after joining duty, he/she will not be permitted to undergo Post-Graduate Degree course within the period of two years excluding the period of leave.

4. According to the Petitioner, she joined the service at Primary Health Care Centre, Sithurajapuram, Sivakasi Helath Unit District by virtue of Order dated 9.3.2015. As she was selected by the Medical Services Recruitment Board as Assistant Surgeon (General), she joined duty on 20.3.2015. While so, the Petitioner delivered a baby girl on 4.7.2015 and availed Maternity Leave