Petition filed under Article 226 of the Indian Constitution challenging the rejection of maternity leave benefits for Petitioner No. 2 by Respondent No. 2. The rejection was based on the grounds that Petitioner No. 2 had more than two surviving children, rendering her ineligible under the AAI Leave Regulations 2003.

Main Content with Headings:

1. Rule Made Returnable Forthwith:

   • The rule is made returnable forthwith, and by consent of the parties, the petition is heard finally.

2. Brief Facts:

   • Petitioner No. 2 was initially married to Mr. K. Raja Armugam, with whom she had one child. After his death, she remarried Mr. Shyam Sandal and had two children from this marriage.

3. Petitioners' Submissions:

   • Petitioners argue that the AAI Leave Regulations should not apply to Petitioner No. 2 because she gave birth to only two children after joining Respondent No. 2. They contend that denying maternity leave goes against the objective of the regulation.

4. Respondents' Submissions:

   • Respondents argue that since Petitioner No. 2 had more than two surviving children, she is not eligible for maternity leave benefits under the regulations.

5. Analysis and Conclusion:

   • The judgment discusses the relevant AAI Leave Regulations and constitutional provisions regarding maternity leave, emphasizing the importance of providing just and humane conditions of work and maternity relief.
   • It interprets the regulations liberally to ensure their purpose is achieved, emphasizing the protection of women's rights and dignity.
   • The judgment concludes that Petitioner No. 2 is entitled to maternity leave benefits despite having children from a previous marriage, as she only had two children after joining Respondent No. 2.

6. Key Legal Principles:

   • The judgment cites relevant legal principles from previous cases, emphasizing the right to maternity leave as a fundamental aspect of women's rights and social justice.

7. Final Decision:

   • The writ petition is allowed, and the communications rejecting maternity benefits are quashed. Respondents are directed to grant maternity benefits to Petitioner No. 2 for the delivery of her child on 3rd September 2012 within eight weeks. No costs are imposed.