Hyderabad: The Telangana High Court has held that a woman government employee cannot be denied maternity leave for her second pregnancy merely because her first pregnancy resulted in twins. The Court ruled that the expression “less than two surviving children” cannot be interpreted mechanically to deprive a woman of maternity benefits where twins were born in a single biological event.
Justice K. Sarath delivered the judgment while allowing a writ petition filed by Jadi Swarupa Rani, Junior Lecturer (English) in the Telangana Social Welfare Residential Educational Institutions Society, directing authorities to sanction maternity leave from April 14 to October 11, 2026, with full pay and allowances. Her first pregnancy in 2023 resulted in twins, for which she was granted 180 days’ leave. During her second pregnancy she sought another spell of leave, but authorities rejected it, contending she already had two surviving children under Rule 101(a) of the Telangana Fundamental Rules and G.O.Ms. No.50 dated May 17, 2014. She gave birth to her third child while the petition was pending.
The petitioner argued that twins should be treated as one delivery for maternity leave purposes. The State opposed, saying leave is restricted to women with fewer than two surviving children and sanctioning otherwise would invite audit objections.
Justice Sarath observed that the dispute was about interpretation in exceptional circumstances. He relied on Supreme Court rulings and noted maternity leave facilitates women’s continued participation in the workforce. He said childbirth is a natural incident of life and cannot be treated as detrimental to employment.
The Court referred to judgments recognising that pregnancy’s physiological and psychological consequences remain the same irrespective of order, and that a child’s rights cannot be compromised merely because the mother already has two children.
Justice Sarath cited Tamil Nadu’s 2018 amendment allowing leave for one additional delivery where twins are born first, and Andhra Pradesh’s G.O.Ms. No.21 of May 5, 2025, which removed the restriction altogether.
He held that denying leave because the first pregnancy resulted in twins would defeat the purpose of maternity welfare legislation. He directed authorities to grant full pay and allowances for the entire period to the petitioner.
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