Tamil Nadu, January 27, 2026: The Madras High Court has once again repeated the order that maternity leave benefits should be extended to women government employees even in cases of a third pregnancy.
The ruling involved the case of P. Mangaiyarkkarasi v. Registrar (Management), High Court of Madras, where the petitioner, P. Mangaiyarkkarasi, a government employee working in the Madras High Court Registry, challenged the denial of her maternity leave.
Mangaiyarkkarasi had applied for paid maternity leave for her third pregnancy. However, her request was rejected through proceedings Roc.No.131981/2025-Estt.IV dated 15 December 2025. This was issued by the Registrar General and the Registrar (Management) of the Madras High Court.
The authorities denied the request citing:
Their is no provision in the Tamil Nadu Fundamental Rules for grant of Maternity Leave to permanent / not permanent married woman Government Servants for their third child / confinement.
During the hearing, the respondents argued that earlier court orders allowing maternity leave for a third pregnancy were applicable only to the individual petitioners in those specific cases and could not be treated as a general rule.
The bench firmly rejected this contention, observing that the Supreme Court, in Umadevi v. Government of Tamil Nadu and Others, had already taken a similar view. The High Court noted that such judgments are orders in rem, meaning they lay down legal principles applicable generally, and cannot be selectively treated as judgments in personam limited only to specific individuals.
The court strongly criticized the interpretation adopted by the authorities, stating:
“This kind of interpretation of the judicial order, which is an order in rem as enunciated by the Hon’ble Supreme Court in Umadevi’s case, cannot be accepted. The second respondent is attempting to give her own interpretation by treating the judgment as one in personam, which cannot be appreciated.”
Setting aside the previous order dated 15 December 2025, the High Court directed the respondents to grant maternity leave to the petitioner as per her entitlement. The court ordered that Mangaiyarkkarasi should be granted extended maternity leave for the period from 8 August 2025 to 7 August 2026, along with all attendant service and monetary benefits.
The respondents were instructed to pass the necessary orders within one week from the date of receipt of the court’s order.
Before concluding, the court expressed concern over the repeated rejection of similar maternity leave requests despite multiple judicial pronouncements on similar issues. The bench described this continued denial as an “agonizing fact” and emphasized the need to prevent recurrence.
To ensure compliance, the court directed the Registrar General of the Madras High Court to circulate the judgment to all judicial officers heading district judiciary units across Tamil Nadu, mandating strict adherence in similar cases in the future.
1. P. Mangaiyarkkarasi v. Registrar (Management), High Court of Madras, W.P. No. 705 of 2026, W.M.P. No. 865 of 2026, Jan. 21, 2026.
