A central government employee who had given birth to a third child will not be eligible for maternity leave with pay after giving birth to twins during her first delivery. The rule was given based on Rule of the Central Civil Services (Leave) Rules, 1972 which restricts the grant of maternity leave with pay only to employees having less than two surviving children. The judgment was given by the bench consisting of Chief Justice A.P Sahi and Justice Subramonium Prasad found on the ruling that, “the Rule under interpretation spells out that the benefit would be available only if the claimant has not more than two children”.
The rule of 43 to the Central Civil Service rules that
(1) A female Government servant (including an apprentice) with less than two surviving children may be granted maternity leave by an authority competent to grant leave for a period of 180 days from the date of its commencement.
(2) During such period, she shall be paid leave salary equal to the pay drawn immediately before proceeding on leave.
The Division bench gave a judgment in favour of the Central Government giving an opinion that,
“We find that a second delivery, which, in the present case, has resulted in a third child, cannot be interpreted to add to the mathematical precision that is defined in the Rules. The admissibility of benefits would be limited if the claimant has not more than two children”.
It was further noted by the bench that, “Even otherwise it is debatable as to whether the delivery is not a second delivery but a third one, in as much as ordinarily when twins are born they are delivered one after another, and their age and their inter-se elderly status is also determined under the gap of time between their arrivals, which amounts to two deliveries and not one simultaneous act”.
It was argued by the counsel representing the women employee mentioned that her case is exceptional and deserves the maternity leave with pay from the Central Government. The CISF employee before the Court had sought the grant of maternity benefits because of the birth of her third child. Earlier, she had given birth to twins. Whereas she had availed leave for her second pregnancy, the question was whether she would be entitled to pay during the term of maternity leave as well.
- CISF employee gave birth to twins in first delivery and seeks for maternity leave with payment on her third child in second delivery.
- By the virtue of the gap of time between in arrivals amounts to two deliveries and not one simultaneous act.
- The judgment was pronounced by The bench consisting of Chief Justice AP Sahi and Justice S. Prasad.
- A single judge bench of the High Court gave the judgment in favour of employee.
- The Government was advised to take a call on whether it can grant any relaxation in the matter.
Edited by J. Madonna Jephi
Approved & Published – Sakshi Raje
- Bar & Bench, Central Government employee not entitled to maternity benefit for birth of third child after twins: Madras High Court https://www.barandbench.com/news/litigation/central-government-employee-not-entitled-to-maternity-benefit-for-birth-of-third-child-after-twins-madras-high-court