Twins in first pregnancy no reason to deny maternity leave again: Telangana High Court

“The biological occurrence of birth of a single child or twins is not under control of the petitioner… The respondents in the instant case cannot deny the maternity leave of the petitioner for her second delivery as the same is in violation of Article 21 of the Constitution,” the high court said on July 15.

The judgment could have a wider impact on women government employees who are denied maternity benefits because their first pregnancy resulted in multiple births. Stressing that maternity leave is a welfare measure rooted in constitutional guarantees, the court directed the authorities to grant the lecturer maternity leave from April 14, 2026 to October 11, 2026 with full pay and allowances.

Jadi Swarupa Rani was appointed as a junior English lecturer on September 27, 2019. She gave birth to twins in her first delivery on November 9, 2023, she was granted 180 days of maternity leave, which was duly recorded in her service book.

Justice K Sarath held that a literal reading of the rules would defeat the object of maternity leave legislation.

When she conceived again, she applied for maternity leave for the second delivery. However, the authorities rejected her request by invoking Rule 101(a) of the Telangana Fundamental Rules and government order Ms. No. 50, dated May 17, 2014, which provide maternity leave only to married women government employees having less than two surviving children. During the pendency of the writ petition, she delivered her third child.

‘Single biological event’

Advocate Gattu Vinay Kumar, appearing for the petitioner, said the authorities had mechanically counted the twins born during her first pregnancy as two separate children and denied her maternity leave for the second pregnancy.

She contended that her first pregnancy was a single biological event and should be treated as one delivery for the purpose of granting maternity leave. She also pointed out that her leave request of February 19, 2026, was rejected without considering the unique facts of her case.

The Telangana government and TGSWREIS defended their decision, stating that the petitioner already had two surviving children and was ineligible for maternity leave under the rules. They further argued that sanctioning maternity leave contrary to the fundamental rules would invite audit objections and amount to irregular payment of salary and allowances.

Literal reading rejected

Justice Sarath said the dispute was not about the existence of the two-child condition but about its interpretation where the first pregnancy itself resulted in twins. “The dispute in the instant case…is whether the expression ‘less than two surviving children’ should be construed literally so as to disentitle a woman employee from maternity leave for her second pregnancy merely because her first pregnancy resulted in the birth of twins,” the court noted.

The judge held that a literal reading would defeat the object of maternity leave legislation, which intends to safeguard women’s health and enable them to continue in employment after childbirth.

It observed that whether a woman gives birth to one child or twins is purely a biological occurrence beyond her control and cannot be used to deny her maternity benefits guaranteed under law.

SC judgments, amendments in other states

The high court relied extensively on the Supreme Court’s decisions in Deepika Singh v Central Administrative Tribunal and K Umadevi v Government of Tamil Nadu, which recognised maternity leave as an integral part of reproductive rights, dignity, privacy and the right to life under Article 21 of the Constitution.

The court also referred to the Madras High Court’s decision in J Sharmila, where maternity leave was granted to a woman whose first pregnancy resulted in twins. It noted that maternity leave should be linked to the number of deliveries and not merely the number of surviving children.

The judgment recorded that after the Madras High Court’s ruling, Tamil Nadu amended its Fundamental Rules in 2018 to specifically permit maternity leave for one more delivery where the first delivery resulted in twins. It also noted that Andhra Pradesh removed the “less than two surviving children” condition altogether through a government order issued on May 5, 2025.

Justice Sarath observed that despite these developments and repeated judicial pronouncements, Telangana authorities continued to deny maternity leave by mechanically applying the two-child rule.

Court grants relief

Allowing the writ petition, the high court declared that Jadi Swarupa Rani was entitled to maternity leave for her second delivery from April 14, 2026 to October 11, 2026. It directed the respondents to sanction 180 days of maternity leave and pay her full salary and allowances for the entire period.

“The said contention of the respondents is not acceptable in the light of peculiar circumstances as the petitioner delivered twins in her first pregnancy… The respondent authorities have to grant maternity leave to the petitioner for her second delivery by considering her leave application,” the court said.