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S. SRIMATHY
A. Deepalakshmi – Appellant
Versus
Government of Tamil Nadu, Represented by Additional Chief Secretary, Municipal Administration & Water Supply Department, Chennai – Respondent
JUDGMENT
(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned order passed by the 4th respondent in A1/019461/2021, dated 30.12.2021, to quash the same and to direct the respondents to sanction maternity leave to the petitioner for 12 months commencing from 20.09.2021 and to quash the same.)
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, dated 30.12.2021 and to direct the respondents to sanction maternity leave to the petitioner for 12 months commencing from 20.09.2021 and to quash the same.
2. The brief facts of the case are that the petitioner joined the fourth respondent Corporation on 12.04.2013 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 concei
Entitlement to maternity leave for the birth of the third child despite having three children, based on the interpretation of G.O.Ms.No.237 and Fundamental Rules.
The Maternity Benefit Act, 1961 does not apply to government servants, and state policy restricting maternity leave for the third child is valid.
Spouse's children from prior marriage do not count against female servant's maternity leave entitlement for her biological child under CCS Rule 43; courts must purposively interpret to prioritize mot....
Maternity leave under CCS(Leave) Rules Rule 43 granted for third biological child via purposive interpretation, limited to 12 weeks guided by Maternity Benefit Act, considering divorce, child disabil....
The main legal point established in the judgment is the entitlement of a female government servant to maternity leave under Rule 43 of the Central Civil Services (Leave) Rules 1972, emphasizing a pur....
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