Justice K. Sarath of the Telangana High Court on Wednesday (July 15, 2026) directed the State government to grant 180 days of maternity leave to a Junior Lecturer — who had two children through her first pregnancy — for her second pregnancy.
The lecturer moved the High Court challenging the decision of the authorities denying leave for second pregnancy citing the two-child norm as she had twins through her first delivery. The judge, allowing the writ petition filed by her, instructed the officials to pay full salary and allowance during the maternity leave period to the employee.
On November 9, 2023, the lecturer gave birth to twins through her first pregnancy. The authorities, treating the twins as two children, denied maternity leave for her second pregnancy. She contended before the court that giving birth to twins was a biological event and none would have control over the number of children a woman can give birth in a single pregnancy.
Denial of maternal leave for second pregnancy, treating the twins born through first pregnancy, was violative of Articles 14 and 21 of the Constitution, she argued. The judge cited a Supreme Court judgement which held that employees who have two surviving children in first marriage were also entitled for maternity leave for first child through second marriage.
‘The findings of the apex court squarely apply to the present case as the maternity leave of the petitioner is a fundamental right under Article 21 of the Constitution of India, the verdict said. The judge also cited the amendment to rules carried out by the Tamil Nadu government following the judgement of Madras High Court in J. Sharmila’s case.
The Tamil Nadu government ruled that in the case of a woman government servant with two surviving children born as twins in the first delivery, maternity leave should be granted for one more delivery. Similar modifications in the matter were made by the residuary State of Andhra Pradesh after bifurcation.
Published - July 16, 2026 12:01 pm IST