Telangana HC seeks government reply on maternity leave cap for third child

Telangana High Court has sought the State government’s response to a petition by a teacher challenging the rule restricting maternity leave to two children. The plea cites constitutional violations and a Supreme Court ruling favouring extended maternity protection

Hyderabad: Chief Justice Aparesh Kumar Singh and Justice GM Mohiuddin of the Telangana High Court on Thursday directed the State government to respond to a petition filed by a government teacher seeking maternity leave benefits for her third child. The petitioner, working as a School Assistant in Saroor Nagar, challenged GO Ms.No.152 dated May 4, 2010, which restricts maternity leave to married women government servants with less than two surviving children.

She contended that the restriction was illegal, arbitrary, and violative of Articles 14, 15, 16, 19, 21, 42, 43, and 51 of the Constitution.

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Asad Hussain, counsel appearing for the petitioner, argued that the condition was contrary to the Supreme Court’s recent ruling, which struck down similar restrictions and directed governments to extend maternity leave protection in the interest of both the mother and the child. The petition sought to quash the cap and direct the authorities to grant her leave for the third child.

The Court was informed that the Andhra Pradesh government has already amended the rule through GO Ms.No.21, dated May 5, 2025, removing the cap on maternity leave irrespective of the number of children. The petitioner argued that Telangana must follow the same, especially since the 2010 GO was a continuation of the united State’s law.

Government pleaders appearing for the respondents sought time to obtain instructions and file a counter. Granting them a week, the Bench adjourned the matter to September 16.