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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R.Suresh Kumar, Shamim Ahmed, JJ
P.Mangaiyarkkarasi – Appellant
Versus
The Registrar General – Respondent
| Table of Content |
|---|
| 1. denial of maternity leave for third pregnancy based on administrative clarification (Para 1 , 2) |
| 2. division bench decision in rem applies to all similarly situated employees (Para 3 , 4 , 5 , 6) |
| 3. pedantic administrative interpretation undermines judicial orders in rem (Para 7 , 8 , 9) |
| 4. maternity leave granted with directions for systemic compliance (Para 10 , 11 , 12) |
| 5. petition allowed without costs (Para 13) |
ORDER
(Order of the Court was made by R.SURESH KUMAR, J.)
This writ petition has been filed challenging the order dated 15.12.2025 passed by the second respondent by which the plea raised by the petitioner for grant of Maternity Leave for third confinement or third pregnancy of the petitioner has been turned down.
2. The reasons stated by the second respondent for passing the said impugned order dated 15.12.2025 is that, the Secretary to Government of Tamil Nadu Human Resources Management (F.R.III) Department, vide letter dated 25.08.2025 has clarified that, there is no provision in the Tamil Nadu Fundamental Rules for grant of Maternity Leave to permanent / not permanent married woman Government Servants for their third child / confinement.
3. In this context
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