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

New DelhiJul 21, 2026 11:55 AM IST The court observed that whether a woman gives birth to one child or twins is purely a biological occurrence beyond her control and can’t be used to deny her maternity benefits. (AI-generated image)The Telangana High Court has ruled that a woman cannot be denied maternity leave for her second pregnancy just because her first pregnancy resulted in twins, holding that a biological event beyond her control cannot be used to deny the woman maternity benefits or violate her fundamental rights. Justice K Sarath was hearing a writ petition filed by one Jadi Swarupa Rani, a government lecturer with the Telangana Social Welfare Residential Educational Institutions Society (TGSWREIS). The petitioner had challenged the authorities’ decision denying her 180 days of maternity leave for her second pregnancy after treating the twins born during her first delivery as two surviving children under the state’s rules.“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.Story continues below this ad 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