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for Third Child Restricted to 12 Weeks under Amended :
In a significant ruling clarifying the scope of employee benefits, the has held that a female government employee is entitled to only 12 weeks of for the birth of a third child. The decision, delivered by a comprising Justice S.M. Subramaniam and Justice R. Sakthivel, underscores the supremacy of recent government amendments over prior regarding maternity benefits.
The Backdrop: A Claim for Extended Care The petitioner, S. Divya, an Office Assistant at the , had sought 365 days of for the birth of her third child, citing the policy for and the precedent of earlier court decisions. Despite initially securing sanction from local judicial authorities, her salary bills were rejected by the in Thiruvallur. The Treasury cited , which limits eligibility based on the number of surviving children.
Legal Friction: Policy vs. Precedent The petitioner’s counsel argued that the state should provide 365 days of leave regardless of the number of children, relying on previous judgments of the that had favored such extensions.
However, the Court pointed to a critical development: the Supreme Court’s authoritative ruling in . Following this Supreme Court judgment, the issued (dated ), which formally amended . This amendment specifically addresses the third-child scenario, capping the benefit to ensure compliance with the set by the Supreme Court.
Key Observations from the Bench The Court emphasized that it could no longer follow older High Court rulings that had advocated for broader leave entitlements, as those had been superseded by the of the Fundamental Rules.
"The High Court is not expected to grant the relief over and above the terms and conditions stipulated in dated which was issued implementing the directions of the Hon’ble ."
The Bench further clarified the governing principle:
"In the case of a married woman Government servant having two or more than two surviving children, on full pay for a period not exceeding twelve weeks, which may spread over... at the option of the Government servant."
Regarding the status of previous contradictory judgments, the Court noted:
"Those judgments of the High Court have denuded to lose its status as and may not be followed for the purpose of granting the relief."
The Verdict and Its Impact The High Court ultimately dismissed the request for 365 days of leave but confirmed that the petitioner is entitled to the 12-week benefit defined under the updated rules. By reconciling the with the state’s amended Fundamental Rules, the Court has effectively standardized the handling of applications across the judiciary.
This judgment serves as a final word for District Judges and Treasury departments, confirming that while the state recognizes maternity rights, they are strictly governed by the legislative amendments stemming from the Supreme Court’s interpretation. Government employees seeking such benefits are now bound by the 12-week ceiling for third or subsequent children.
