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2026 Supreme(Online)(Mad) 95410
IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 21-09-2026 CORAM THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN WP No. 43598 of 2025 CNR: {HCMA012677102025}
T.R.Lakshmi ..Petitioner(s)
Vs
1. State Of Tamilnadu Rep. By Its Secretary To Government, Human Resources Management Department, Secretariat Fort St.George Chennai 09
2. State Of Tamilnadu Rep. By Its Principal Secretary To Government, School Education Department Secretariat Fort St.George Chennai 09
3. The Director Of School Education Directorate Of School Education , Dpi Campus College Road Chennai 06
4. The Joint Director (higher Secondary)
Directorate Of School Education , Dpi Campus College Road Chennai 06
5. The Chief Educational Officer Tiruvallur Educational District , Tiruvallur District
6. The Headmaster Government Girls Higher Secondary School Podhaturpet Tiruvallur District ..Respondent(s)
Writ Petition filed under Article 226 of the Constitution of India issuing writ of declaration to declare that proviso to Rule 101(a) - Maternity Leave of the Tamil nadu Fundamental rules, in sofar as it states that maternity leave shall be granted to a woman government servant with less than two surviving children is illegal as being manifestly arbitrary, and for a consequential direction to sanction maternity leave to the petitioner for the birth of her third child- from July 2025 to June 2026 (365 days) and to regularize her leave taken from 14.07.2025 with full pay and all attendant benefits.
For Petitioner(s): Mr.M.Thirumurugan for Mr.S.K.Rameshwar For Respondent(s): Ms.RK.Sekina Reshma, Additional Government Pleader
ORDER
(Order of the Court was made by S.M.Subramaniam J.)
The present writ petition has been instituted to declare that proviso to Rule 101(a) - Maternity Leave of the Tamil Nadu Fundamental rules, in sofar as it states that maternity leave shall be granted to a woman government servant with less than two surviving children is illegal as being manifestly arbitrary, and for a consequential direction to sanction maternity leave to the petitioner for the birth of her third child- from July 2025 to June 2026 (365 days) and to regularize her leave taken from 14.07.2025 with full pay and all attendant benefits.
2. The Government has amended the impugned rule in G.O.Ms.No.53, Human Resources Management (FR-III) Department, dated 25.08.2026. Pertinently, the Head Master, Government Girls High Secondary School, Tiruvallur District passed an order extending the maternity leave benefit to the petitioner vide Proceedings made in Na.Ka.No.46/2026, dated 24.03.2026.
3. In view of the fact that Government itself amended the rule in favour of the employees, no further adjudication is required.
4. Accordingly, the writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions, if any, are close.
