Telangana High Court: Twins in First Pregnancy No Bar to Maternity Leave for Second

The Telangana High Court has ruled that a woman cannot be denied maternity leave for her second pregnancy simply because her first pregnancy resulted in twins. The court held that a biological event beyond a woman's control cannot be used to deny her maternity benefits or violate her fundamental rights.

Justice K Sarath was hearing a writ petition filed by Jadi Swarupa Rani, a government lecturer with the Telangana Social Welfare Residential Educational Institutions Society. The petitioner 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 state rules.

“The biological occurrence of birth of a single child or twins is not under control of the petitioner… The respondents 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 wider implications for women government employees who are denied maternity benefits because their first pregnancy resulted in multiple births. The court emphasised that maternity leave is a welfare measure rooted in constitutional guarantees. It 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, and was granted 180 days of maternity leave, duly recorded in her service book. When she conceived again, she applied for maternity leave for her second delivery. However, the authorities rejected her request by invoking Rule 101(a) of the Telangana Fundamental Rules and a government order from May 17, 2014, which provide maternity leave only to married women government employees having fewer than two surviving children.

Advocate Gattu Vinay Kumar, appearing for the petitioner, argued that 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. He contended that her first pregnancy was a single biological event and should be treated as one delivery for the purpose of granting maternity leave. The petitioner 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.

Justice Sarath noted that 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 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. During the pendency of the writ petition, the petitioner delivered her third child.