IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.12.2025

CORAM :

THE HONOURABLE MR.JUSTICE R. SURESH KUMAR

AND

THE HONOURABLE MR.JUSTICE SHAMIM AHMED

W.P.No.48656 of 2025

G.Umanandhini .. Petitioner

Vs.

1. The Registrar General

High Court of Madras, Chennai.

2. The Principal District Judge

Salem District, Salem.

3. The District Munsif Judge

Sankari, Salem. .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India, seeking a writ of certiorarified mandamus, calling for the entire records connected with the rejection of maternity leave dated 01.12.2025 passed by the third respondent and quash the same as illegal and arbitrary and consequently directing the respondents to grant the maternity leave and its benefits from 04.12.2025 to 03.12.2026 to the petitioner by considering the petitioner's

representation dated 24.11.2025.

For the Petitioner : Mr.M.Dinesh

For the Respondents : Ms.P.Selvi

ORDER (Order of the Court was made by R.SURESH KUMAR, J.)

Prayer sought herein is for a writ of certiorarified mandamus, calling for the entire records connected with the rejection of maternity leave dated 01.12.2025 passed by the third respondent and quash the same as illegal and arbitrary and consequently directing the respondents to grant the maternity leave and its benefits from 04.12.2025 to 03.12.2026 to the petitioner by considering the petitioner's representation dated 24.11.2025.

2. Heard Mr.M.Dinesh, learned counsel for the petitioner and Ms.P.Selvi, learned counsel for the respondents.

3. The petitioner, being a staff working under the third respondent, is in the family way. Since it is her third pregnancy, she requested for maternity leave with salary. The same has been rejected by the order dated 01.12.2025, passed by the third respondent. Challenging the same, the present writ petition has been filed.

4. Insofar as the entitlement of the maternity leave for any female staff for the third pregnancy also, the Hon'ble Supreme Court of India has already taken a view in the case of Umadevi vs. Government of Tamil Nadu and Ors., 2025 SCC OnLine SC 1204. Following the said judgment, a Division Bench of this Court in the matter of B.Ranjitha vs. The Registrar General, High Court of Madras, Chennai and Ors., W.P.No.33559 of 2025; Dated: 04.09.2025 has passed orders allowing the said writ petition, granting the same relief of maternity leave for third pregnancy also. The relevant portion of the order in the said B.Ranjitha (cited supra) reads thus:-

5. The only question is to be answered in the lis as to whether the petitioner is entitled to get maternity leave or maternity benefits for the present pregnancy which is happened to be the third pregnancy of her or not.

6. The issue raised in this appeal is no more res integra in view of the pronouncement made by the Hon-ble Supreme Court in the case of Umadevi Vs. Government of Tamil Nadu and others reported in 2025 SCC OnLine SC 1204 where also under similar circumstances for granting of maternity leave and maternity benefits for a mother who was pregnant third time since has been allowed by the writ Court which decision was reversed by the Division Bench of the High Court as against which when Special Leave Petition was preferred, having converted the same into Civil Appeal No.2526 of 2025, the Hon-ble Supreme Court in the said judgment cited supra has allowed the said Civil Appeal.

7. The facts also almost are similar to that of the present case as in that case also before entering into service, the mother gave birth to two children and when she was pregnant third time, such an episode had happened where a request for maternity leave and maternity benefits since has been denied by the employer, she approached the Court and ultimately, the Division Bench since has reversed the order passed by the learned Single Judge, the Hon-ble Supreme Court in the said order has declared the legal position too exhaustively discussing the various aspects and ultimately held that, the Division Bench ju