Government's Restriction to 12 Weeks for Third Pregnancy Overruled as Court Enforces Equal Benefits for All Pregnancies
In a landmark decision, the Madras High Court has reinforced the entitlement of full maternity benefits for women employees, even during their third pregnancy, deeming the government's restriction to 12 weeks as unjust and against established judicial precedents. The case, Shayee Nisha v. Registrar General, High Court of Madras, centered on a writ petition filed by Shayee Nisha, who challenged the refusal of her maternity leave request for her third pregnancy.
The petitioner’s request had been initially turned down based on a government order, G.O.(Ms.)No.18, issued by the Human Resources Management Department on March 13, 2026, which restricted maternity leave for a third pregnancy to 12 weeks. The court, with Justices R. Suresh Kumar and N. Senthilkumar presiding, highlighted that this restriction was contrary to the principles laid out by the Supreme Court in the 2025 Umadevi case and previous Division Bench rulings.
The court observed that the suffering and care required by pregnant women remain consistent across pregnancies, and thus, the state as a welfare entity should ensure equal maternity benefits irrespective of the number of pregnancies. The bench criticized the government for its pedantic approach and emphasized that judicial decisions should be uniformly applied, not limited to individual cases.
In its ruling, the court directed the Principal District Judge, Villupuram, to reconsider Shayee Nisha’s application and grant maternity leave in accordance with the benefits provided for first and second pregnancies, dismissing the restrictive government order as lacking justification. Furthermore, the judgment instructed both the High Court Registry and the Tamil Nadu Government to ensure compliance with judicial pronouncements on this matter to prevent future litigation.
Bottom Line:
Maternity Leave - Entitlement for third pregnancy - Government cannot restrict maternity leave to 12 weeks for third pregnancy when the suffering and care required are the same as for the first and second pregnancies. Such restriction is contrary to the judgments of the Supreme Court and Division Bench of the High Court.
Statutory provision(s): Maternity Benefit Act, 1961, Section 5(3)
Shayee Nisha v. Registrar General, High Court of Madras, (Madras)(DB) : Law Finder Doc id # 2890803
