✦ High Court of India · 24 Mar 2025

High Court · 2025

Case Details High Court of India · 24 Mar 2025

Court

High Court of India

Decided

24 Mar 2025

Bench

C.V.KARTHIKEYAN

Length

1,152 words

Acts & Sections

Constitution of India

WP No. 9164 of 2025IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 24-03-2025CORAMTHE HONOURABLE MR JUSTICE C.V. KARTHIKEYANWP No. 9164 of 2025and W.M.P. No. 10265 of 20251. M.AbiramiW/o.R.Sivakumar, No.9,G2 Ragava Foundation, Rajendra Nagar, Keelkattalai, Chennai-117.2.M.Siva SankariD/o.A.Mariappan, 9/4a, Thiruneela Kanda Nayanar Street, Palayamkottai, Tirunelveli-627 002.3.J.PrabavathiW/o.R.Vel Murugan, No.1/31, Perumal Koil Street, Valavanoor, Ranipet District Pin- 632 511.4.A.DheivanaiW/o.M.Santhoshkumar, No.24/95 D/e, 6th Street, Near Pallivasal , Voc Nagar, Kallakurichi South District, Pin- 606 213.5.S.Madurai MeenaW/o.Thirupathi, No.229, North Street, Kaluvanacheri, Chithumundradaippu, https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025(po) Kariyapatti Taluk, Virudhunagar District, Pin-626 106.6.S.PriyaD/o.T.Selvarasu, No.1/74, South Street, Kallamedu Village, Vanampattu Post, Ulundupet Taluk, Kallakurichi-607 204.7.M.ChitraW/o.S.Marikumar, No.2/11, West Street, Sathirapatti Post And Village, Tiruvenkatam Taluk, Tirunelveli- 627 719.8.A.Jeba ShaloW/o.T.Jason Joseph, No.2/143, Church West Street, Idayankulam Post, Athichaperi, Tiruneveli District-627502.9.R.SaranyaW/o.Vinoth Kumar, No.1/39, Vellalar Street, Kandhaneri (village And Post) Pallikonda (via) Anaicut Taluk, Vellore District-635 80910.M.R.LeniyaW/o.P.Santhakumar, No.20, Gollar Street, Alangayam, Vaniyambadi Taluk, Thirupatur District- 635 701.11.M.MahalakshmiD/o.K.Marimuthu, No.18, 1st Floor, V.V.G. Factory Street, State Bank Of India (opp) Theni District-625 531.Petitioners https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025Vs.1. The Principal Secretary To GovernmentPersonnel And Administrative Reforms Department, Secretariat, Chennai-09.2.The Principal Secretary To GovernmentHealth And Family Welfare Department, Secretariat, Chennai-09.3.The DirectorDirectorate Of Medical And Rural Health Services (dms) No.359, Anna Salai, Dms Complex , Teynampet, Chennai-06.4.The DirectorDirectorate Of Public Health And Preventive Medicine (dphs) No.359, Anna Salai, Dms Complex, Teynampet, Chennai-065.The DirectorKalaignar Centenary Super Specialty Hospital, Guindy, Chennai-032.6.The Deputy Director Health ServiceGst Road, Chengalpattu-603 001.7.The Deputy Director Of Health ServiceOffice Of Deputy Directorate Of https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025Health Service No.16 Old Police Hospital Road, Palayankottai, Tirunelveli- 627 002.8.The Joint Director Medical ServiceNo.5, Railway Road, Kancheepuram-631 501.9.The DeanGovt Medical College And Hospital, Siruvangur, Kallakurichi-213.10.The Deputy Director Of Health ServiceChairman Lakshman Street, Near Municipal Office, Thirupathur- 635 601.11.The Deputy Director Health ServiceOffice Of Deputy Directorate Of Health Service, Thandalai Road, Kallakurichi-202.12.The Deputy Director Health ServiceDistrict Collectorate Campus, Thenkasi-811.13.The Deputy Director Health ServiceDistrict Collectorate Campus, Thiruchengodu Road, Namakkal-03.14.The Deputy Director Health ServiceGovt Master Plan Campus, Near Collector Office, Theni-531.Respondents https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025PRAYERWrit Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Respondent Nos.2 to 5 to pay the Petitioners arrear Salary benefits for their Maternity leave as per their representations dated 20.12.2024, 21.12.2024, 24.12.2024, 26.12.2024, 28.12.2024, 30.12.2024 07.01.2025, 11.01.2025.For Petitioners:Mr.C.Rajaguru For Respondents:Mr.N.Bindran, AGP(R1 To R4)ORDERThis writ petition has been filed in the nature of mandamus seeking a direction against respondents 2 to 5 to pay arrears salary benefits for the maternity leave taken by the petitioners and in view of the representations given by the petitioners.2.In the affidavit filed in support of this writ petition, it has been contended that the first writ petitioner was appointed as contract based Nurse in Government Primary Health Centre at Pollachi, Coimbatore District through Medical Service Recruitment Board. She was then transferred to Government Primary Health Centre, Moovarasampettai at Chengalpattu District. She was further transferred to Kalaignar Centenary Super Speciality Hospital at Guindy, https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025Chennai, where she is now working. She has been discharging her duties diligently. It has been contended that she was eligible for 270 days of maternity leave with full pay in view of the various Government orders already passed by the respondents. 3.The first writ petitioner took maternity leave when she was working in Moovarasampettai at Chengalpattu District as contract Nurse. She claims that she was entitled for maternity leave with full pay in accordance with the Government Order in G.O.(Ms) No. 91, Personnel and Administrative Reforms (FR.II) Department, dated 28.07.2020 she was permitted to take maternity leave but not paid any salary. She had given a representation in this regard. Similarly, other writ petitioners had also taken maternity leave and had sought salary for the period under which they went on leave. The details of the petitioners and the dates on which they had taken maternity leave are below:-“Sl.No.Name of the PetitionersDate of appointment as contract based nurseDate of regularization as Staff NurseMaternity leave for 1st pregnancyMaternity leave for 2nd pregnancy1.M.Abirami29.11.2019Not 20.07.2022 Nil https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025Sl.No.Name of the PetitionersDate of appointment as contract based nurseDate of regularization as Staff NurseMaternity leave for 1st pregnancyMaternity leave for 2nd pregnancyregularizedto 19.07.20232.M.Siva Sankari29.11.2019Not regularized01.11.2023 to 30.10.2024Nil3.J.Prabavathi26.03.2020Not regularized02.12.2023 to 03.12.2024Nil4.A.Dheivanai24.09.2019Not regularizedNil01.02.2023 to 31.01.20245.S.MaduraiMeena29.11.2019Not regularized11.06.2022 to 31.03.2023Nil6.S.Priya29.11.2019Not regularized09.06.2022 to 08.06.2023Nil7.M.Chitra12.07.2017Not regularizedNil03.09.2022 to 02.09.20238.A.Jeba Shalo19.09.201513.01.202311.01.2020 to 06.10.2020Nil9.R.Saranya16.04.2020Not regularized23.07.2024 to 22.07.2025Nil10.M.R.Leniya29.11.2019Not regularizedNil02.03.2024 to 01.03.202511.M.Maha Lakshmi16.04.2020Not regularized23.04.2022 to 16.04.2023Nil”4.The learned counsel for the petitioners placed reliance on Government Letter (Ms) No. 13965/FR-3/2015 dated 20.04.2015, wherein, with respect to https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025maternity leave it has been provided as follows:-“I.Maternity:-(i)....(ii)....(iii) Non-permanent Married Women Government Servants, employed under the emergency provisions i.e. temporarily, should have completed one year of continuous service, including leave periods, if any, to become eligible for grant of Maternity Leave of 180 days as above.”It had been provided the petitioners are therefore entitled for maternity leave. The respondents cannot deny salary during that particular period since it is only an extension of the service. The petitioners are entitled to take such leave. 5.Though time is sought for filing counter, a mandamus is issued that the respondents should pay the arrears of salary benefits to the petitioners herein in accordance with the period of leave which they had sought. 6.The respondents cannot claim to be a welfare State if they are to leave their women employees high and dry for the period of leave availed owing to https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025maternity. As a model State, the respondents should come forward to pay salary for the particular period of maternity. 7.The writ petition stands allowed. A direction is issued to pay the arrears of salary which, if not paid, must be paid within a period of three weeks from the date of receipt of a copy of this order. Consequently, connected Miscellaneous Petition is closed. No costs. 24-03-2025Index:Yes/NoSpeaking/Non-speaking orderInternet:YesNeutral Citation:Yes/NoMaya https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025To1.The Principal Secretary To GovernmentPersonnel And Administrative Reforms Department, Secretariat, Chennai-09.2.The Principal Secretary To GovernmentHealth And Family Welfare Department, Secretariat, Chennai-09.3.The DirectorDirectorate Of Medical And Rural Health Services (dms) No.359, Anna Salai, Dms Complex , Teynampet, Chennai-06.4.The DirectorDirectorate Of Public Health And Preventive Medicine (dphs) No.359, Anna Salai, Dms Complex, Teynampet, Chennai-065.The DirectorKalaignar Centenary Super Specialty Hospital, Guindy, Chennai-032.6.The Deputy Director Health ServiceGst Road, Chengalpattu-603 001.7.The Deputy Director Of Health ServiceOffice Of Deputy Directorate Of Health Service No.16 Old Police Hospital Road, Palayankottai, Tirunelveli- 627 002.8.The Joint Director Medical ServiceNo.5, Railway Road, Kancheepuram-631 501.9.The DeanGovt Medical College And Hospital, Siruvangur, Kallakurichi-213.10.The Deputy Director Of Health ServiceChairman Lakshman Street, Near Municipal Office, Thirupathur- 635 601.11.The Deputy Director Health ServiceOffice Of Deputy Directorate Of Health Service, Thandalai Road, https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025Kallakurichi-202.12.The Deputy Director Health ServiceDistrict Collectorate Campus, Thenkasi-811.13.The Deputy Director Health ServiceDistrict Collectorate Campus, Thiruchengodu Road, Namakkal-03.14.The Deputy Director Health ServiceGovt Master Plan Campus, Near Collector Office, Theni-531. https://www.mhc.tn.gov.in/judis WP No. 9164 of 2025C.V.KARTHIKEYAN J.MayaWP No. 9164 of 2025 24-03-2025

Find similar cases Start drafting free

This is the original judgment text as indexed from the source corpus. Always verify against the official court record before relying on it in a filing — you can do so on eCourts or the Supreme Court of India website. ← Search more judgments

More cases under Constitution of India