Consider granting maternity leave to teacher for a third child: MHC

CHENNAI: The Madras High Court directed the State government to consider a representation made by a teacher to avail the maternity leave for the period of one year for her third child. The court passed the direction on the ground that though the applicant already has two children, she is applying for maternity leave only for the first time now.

“…the applicant had joined public service only after the birth of two children and she is seeking maternity leave for the first time after she has secured public employment. Therefore, this Court is of the considered view that no prejudice would be caused to the respondents if the petitioner's representation referred to supra seeking for maternity leave in respect of her third child is considered on merits and in accordance with law within 12 weeks,” Justice Abdul Quddhose held.

The judge passed the direction on disposing of a petition filed by Khatija Umama, a teacher from Erode district. The petitioner prayed for a direction to the district educational officer, Erode to grant maternity leave of one year for the delivery of her third child based on the petitioner's representation dated June 27, 2022.

According to the petitioner, she joined public service as a teacher after giving birth to two children, and therefore, she is entitled to get maternity leave for the third child. She further claimed that the third child was also born subsequently but till date, her maternity leave has not been sanctioned by the respondents.

The government advocate E Sundaram submitted that as per the GO dated August 28, 2021, the petitioner is ineligible to avail of maternity leave for a third child.

However, the judge rejected the contention of the government advocate and directed the respondents to consider the representation of the petitioner within twelve weeks.