In a petition challenging the state’s maternity leave policy, which limits the benefit to women government employees with up to two surviving children, the Telangana High Court Thursday gave the state one week to seek instructions and file a counter-affidavit. The division bench of Chief Justice Aparesh Kumar Singh and Justice G M Mohiuddin posted the next hearing for September 16, 2025.
The petition, filed by a school assistant, argues that the restriction is “against the interest of the mother as well as the newborn child.” The petition sought to declare that the condition in Government Order No. 152, dated May 4, 2010, which restricts maternity leave for married women government employees to those with fewer than two surviving children, is illegal, arbitrary, and a violation of fundamental rights.
The petitioner contended that the condition is contrary to the principles of natural justice and is in violation of the order of the Supreme Court in Civil Appeal No. 2526 of 2025, dated May 23, 2025. It also violates Articles 14, 15, 16, 19, 21, 42, 43, and 51 of the Constitution, she added.
Government Order No. 152, issued by the erstwhile undivided Andhra Pradesh state, is still in force in Telangana and provides for 180 days of maternity leave but restricts it to employees with less than two surviving children.
The petitioner’s counsel, Asad Hussain, highlighted that the state of Andhra Pradesh has already amended its policy. It did so via Government Order No. 21, dated May 5, 2025, which removed the two-child cap on availing maternity leave.
The petitioner and her husband are seeking to have the state’s policy aligned with the stance taken by the neighbouring state of Andhra Pradesh. The couple prayed that the high court direct the state to remove the ‘discriminatory condition’ from Government Order No. 152.
It is also prayed in the petition that the court may direct the school education department to consider the petitioner’s representation dated June 21, 2025, and allow her to avail maternity leave for her newly born third child.
