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Madras High Court: Public Servants Cannot Be Denied Maternity Benefit for Third Pregnancy

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The Madras High Court has reaffirmed that a government employee cannot be denied maternity benefits simply because she is pregnant for the third time. The Court made clear that the purpose of maternity benefit laws is to protect maternal health and workplace rights — not to penalise women for having more than two children.


In reaching its decision, the Court emphasised that employment protections must be interpreted broadly and in favour of the employee’s well-being, especially where statutory entitlements are concerned. Denying maternity leave or allowance on the basis of the number of children would run counter to the underlying objective of the maternity benefit scheme, which is to ensure that expecting mothers are not disadvantaged in their careers due to childbirth.


Accordingly, the High Court directed that eligible maternity benefits — including leave and associated allowances — must be granted to a public servant even in respect of her third pregnancy, provided the other statutory conditions for maternity benefit are satisfied.

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