Case Note & Summary
The appellant, K. Umadevi, married A. Suresh in 2006 and had two children (born 2007 and 2011). She joined Tamil Nadu government service as an English teacher in December 2012. Her marriage was dissolved in 2017, and custody of the two children was with the father. She remarried M. Rajkumar on 12.09.2018 and became pregnant. She applied for maternity leave from 17.08.2021 to 13.05.2022. The third respondent (Chief Educational Officer) rejected her application on 28.08.2021, citing FR 101(a) which grants maternity leave only to women with less than two surviving children, and stating there was no provision for a third child through remarriage. Aggrieved, she filed a writ petition (W.P. No. 22075 of 2021) before the Madras High Court. A learned Single Judge allowed the petition on 25.03.2022, holding that the two children from the first marriage were not in her custody and thus should not be counted, and that the Maternity Benefit Act, 1961 overrides inconsistent rules. The State filed an intra-court appeal (W.A. No. 1442 of 2022). A Division Bench reversed the Single Judge on 14.09.2022, holding that the appellant was not entitled to maternity leave as she already had two surviving children, and that maternity leave is not a fundamental right. The appellant appealed to the Supreme Court by special leave. The Supreme Court allowed the appeal, setting aside the Division Bench's judgment and restoring the Single Judge's order. The Court held that maternity leave is a facet of reproductive rights under Article 21, and that FR 101(a) must be interpreted purposively. Relying on Deepika Singh v. Central Administrative Tribunal, the Court held that children from a prior marriage who are not in the mother's custody cannot be counted to deny maternity leave for a child from a subsequent marriage. The Court directed the respondents to sanction maternity leave to the appellant for the period from 11.10.2021 to 10.10.2022 as per G.O. Ms. No. 84 dated 23.08.2021, or to regularize any leave taken as maternity leave.
Headnote
A) Constitutional Law - Reproductive Rights - Article 21 of the Constitution of India - Maternity leave is a facet of reproductive rights of a woman, traceable to Article 21, and cannot be denied solely on the basis of number of children from a previous marriage. (Paras 6.2, 12-13) B) Service Law - Maternity Leave - Fundamental Rule 101(a) of Tamil Nadu Fundamental Rules - The rule restricting maternity leave to women with less than two surviving children must be interpreted purposively; children from a prior marriage who are not in the custody of the mother cannot be counted as 'surviving children' for the purpose of denying maternity leave for a child from a subsequent marriage. (Paras 9-11, 14-15) C) Precedent - Deepika Singh v. Central Administrative Tribunal, (2023) 13 SCC 681 - The ratio in Deepika Singh, which held that maternity leave cannot be denied to a woman who has children from a previous marriage, applies to the present case; the Division Bench erred in distinguishing it. (Paras 6.1, 12-13) D) Interpretation of Statutes - Beneficial Legislation - Maternity Benefit Act, 1961 - Though not directly applicable to state government employees, the Act provides guidance for a liberal interpretation of service rules to further the legislative intent of protecting motherhood. (Paras 6.3, 10-11)
Issue of Consideration
Whether a woman government employee who has two surviving children from her first marriage is entitled to maternity leave for a child born from her second marriage under FR 101(a) of Tamil Nadu Fundamental Rules.
Final Decision
Appeal allowed. Impugned judgment and order dated 14.09.2022 of the Division Bench of the Madras High Court is set aside. Judgment and order dated 25.03.2022 of the learned Single Judge is restored. Respondents are directed to sanction maternity leave to the appellant for the period from 11.10.2021 to 10.10.2022 as admissible in terms of G.O. Ms. No. 84 dated 23.08.2021, or to regularize any leave taken by the appellant relatable to her pregnancy as maternity leave. No order as to costs.
Law Points
- Maternity leave is a facet of reproductive right under Article 21
- Fundamental Rule 101(a) must be interpreted purposively
- Deepika Singh ratio applies to remarriage cases
- Maternity Benefit Act 1961 provides guidance for state employees
