Woman Who Gave Birth To Twins In First Pregnancy Entitled To Maternity Leave For Second Delivery: Telangana High Court

The Telangana High Court has held that a woman government employee cannot be denied maternity leave for her second delivery merely because her first pregnancy resulted in the birth of twins. The Court ruled that the "less than two surviving children" condition under the Telangana Fundamental Rules cannot be interpreted literally to disentitle a woman from maternity benefits where twins were born in a single biological event. Relying on the Supreme Court's decisions in Deepika Singh v. Central Administrative Tribunal and K. Umadevi v. Government of Tamil Nadu, Justice K. Sarath observed:"The respondent authorities rejected the claim of the petitioner for grant of maternity leave for second delivery. The Central Civil Services (Leave) Rules, 1972 have been framed under the proviso to Article 309 of the Constitution of India and the same was also considered by the Hon'ble Supreme Court in Deepika Singh's case (Supra-3) and declared that there is no restriction of the delivery of the woman employee and in the Indian Society, a woman only cannot take a decision with regard to the birth of their children. It can also influenced by the family members by taking into account of their social and economic conditions. In the instant case, the biological occurrence of birth of a single child or twins is not under control of the petitioner. In spite of several Judgments of the Hon'ble Supreme Court and various High Courts, the respondents contending that a woman employee cannot be entitled for maternity leave for second delivery in view of delivery of twins during first delivery and basing on that condition, maternity leave cannot be granted for woman employee who has two surviving children. The said contention of the respondents is not acceptable in the light of peculiar circumstances as the petitioner delivered twins in her first pregnancy".The petitioner, a Junior Lecturer (English) employed with the Telangana Social Welfare Residential Educational Institutions Society (TGSWREIS), gave birth to twins during her first pregnancy in November 2023 and was granted 180 days' maternity leave. When she became pregnant for the second time, she applied for maternity leave from April 14, 2026. During the pendency of the writ petition, she delivered her third child. Her request was rejected on the ground that she already had two surviving children and was therefore ineligible for maternity leave under Rule 101(a) of the Telangana Fundamental Rules and G.O.Ms. No.50 dated May 17, 2014.The petitioner contended that the respondents had mechanically applied the "two-child norm" by treating the birth of twins as two separate confinements. She argued that her first pregnancy constituted a single biological event and ought to be treated as one delivery for the purpose of maternity leave. She therefore sought 180 days' maternity leave with all consequential benefits for her second pregnancy. The respondents opposed the petition, contending that the applicable rules permitted maternity leave only to women government servants having less than two surviving children. Since the petitioner had two surviving children born during her first pregnancy, she was not entitled to maternity leave for the second pregnancy. They further submitted that sanctioning leave contrary to the rules would invite audit objections and irregular payment of salary and allowances. Examining the statutory framework, the High Court noted that Rule 101(a) of the Telangana Fundamental Rules is identically worded to Rule 43 of the Central Civil Services (Leave) Rules, 1972. Referring to the Supreme Court's judgment in Deepika Singh, the Court observed that maternity leave is a beneficial provision intended to facilitate women's continued participation in the workforce and must therefore receive a purposive interpretation. It also noted the Supreme Court's recognition that maternity benefits form part of the rights guaranteed under Articles 21 and 42 of the Constitution. The Court also relied on the Madras High Court's decision in J. Sharmila v. Secretary to Government, which held that where a woman's first delivery results in twins, maternity leave for the second pregnancy cannot be denied merely because she has two surviving children. It observed that otherwise "ridiculous results" would follow, particularly where multiple births occur during one pregnancy. Justice Sarath further noted that, following J. Sharmila, the Government of Tamil Nadu amended its Fundamental Rules to expressly permit maternity leave for one more delivery where twins were born in the first delivery. The Court also referred to the Andhra Pradesh Government's 2025 amendment removing the "less than two surviving children" condition altogether for availing maternity leave. Holding that the respondents' reliance on the two-child condition was contrary to the law laid down by the Supreme Court and various High Courts, the Court observed that it could grant relief under Article 226 of...

Woman Who Gave Birth To Twins In First Pregnancy Entitled To Maternity Leave For Second Delivery: Telangana High Court

Ananya Tangri

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Woman Who Gave Birth To Twins In First Pregnancy Entitled To Maternity Leave For Second Delivery: Telangana High Court

Ananya Tangri

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Ananya Tangri

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