“Maternity Benefit Act, 1961 Does Not Extend to Government Servants For Third Child ,” Rules Madras High Court

07 May 2024 8:19 AM

By: Admin

In a landmark decision, the Madras High Court ruled that the Maternity Benefit Act, 1961 does not apply to government servants. The judgment, delivered by THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR, has significant implications for maternity leave policies for government employees in Tamil Nadu.

The case revolved around a petitioner who sought maternity leave for her third child and contended that the Maternity Benefit Act, 1961 should be applicable. The court, however, held that “the petitioner being a Government servant who has not employed in any of the Establishment as defined under the Maternity Benefit Act 1961, she cannot claim any benefit as per the Maternity Benefit Act.”

The court further observed that government servants are governed by the Tamil Nadu Government’s Fundamental Rules, not the Maternity Benefit Act, 1961. “When the State has taken a policy decision that the Fundamental Rules are applicable to the Government servants, the Petitioner cannot claim any benefit under the Benefit Act,” the court noted.

The judgment cited various previous cases, including a Division Bench ruling of the Madras High Court and a decision by the Uttarakhand High Court, to support its conclusion.

This ruling clarifies the legal landscape concerning maternity leave for government servants in Tamil Nadu and sets a precedent for similar cases in the future.

Date of Decision: 14.08.2023

Yasotha vs The Government of Tamilnadu