SEKAR REPORTER

Court News from Madras High Court

Proof Less Medical Leave’ under ‘Unearned Medical Leave’ Category for women during their painful menstruation. THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICEANDTHE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHYW.P.No.2018 of 2024Ayyaa .. PetitionerVs.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 01.02.2024
CORAM :
THE HON’BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.2018 of 2024
Ayyaa .. Petitioner
Vs.

  1. The Chief Secretary
    The Government of Tamil Nadu Fort St. George, Chennai District.
  2. The Health Secretary
    The Department of Health and Family Welfare The Government of Tamil Nadu, Chennai District.
  3. The Women Welfare Secretary
    Social Welfare and Women Welfare Department The Government of Tamil Nadu, Chennai District.
  4. The Finance Secretary
    The Tamil Nadu Finance Department The Government of Tamil Nadu Chennai District.
  5. The Labour Welfare Secretary
    The Labour Welfare and Skill Development Department
    The Government of Tamil Nadu
    Chennai District. .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents herein to consider the petitioner’s representation dated 18.08.2023 seeking grant of ‘Proof Less Medical Leave’ under ‘Unearned Medical Leave’ Category for women during their painful menstruation.
    For the Petitioner : Ms.S.Mahalakshmi
    For the Respondents : Mr.C.Kathiravan
    Special Government Pleader
    ORDER (Made by the Hon’ble Chief Justice)
    Heard Ms.S.Mahalakshmi, learned counsel for the petitioner and Mr.C.Kathiravan, learned Special Government Pleader for the
    respondents.
  6. The petitioner seeks directions against the respondents to consider the petitioner’s representation dated 18.08.2023, seeking grant of ‘Proof Less Medical Leave’ under the “Unearned Medical
    Leave’ category for women during their menstrual cycle.
  7. With regard to the similar issue, W.P. (Civil) No.172 of 2023 was filed before the Apex Court. In the said petition, the petitioner therein sought a direction against all the States to frame a policy for menstrual pain leave for female students and working women under the provisions of the Maternity Benefit Act, 1961. The Apex Court, in the said petition, observed that “Having regard to the policy
    dimensions which are involved in the matter, we are of the considered view that it would be appropriate if the petitioner submits a representation to the Union Ministry of Women and Child Development which may take an appropriate decision.” The writ
    petition was accordingly disposed of by the Apex Court.
  8. The petitioner is not a working women in any of the
    Government Departments. The petitioner claims to be running a Non-Governmental Organization. The Apex Court has already issued directions that representations to be made to the Union Ministry of
    Women and Child Development.
  9. The present writ petition, accordingly, stands disposed of in view of the order passed by the Apex Court. There shall be no order
    as to costs.
    (S.V.G., CJ.) (D.B.C., J.)
    01.02.2024
    Index : Yes/No Neutral Citation : Yes/No drm 
    To
  10. The Chief Secretary
    The Government of Tamil Nadu Fort St. George, Chennai District.
  11. The Health Secretary
    The Department of Health and Family Welfare The Government of Tamil Nadu, Chennai District.
  12. The Women Welfare Secretary
    Social Welfare and Women Welfare Department The Government of Tamil Nadu, Chennai District.
  13. The Finance Secretary
    The Tamil Nadu Finance Department The Government of Tamil Nadu Chennai District.
  14. The Labour Welfare Secretary
    The Labour Welfare and Skill Development Department The Government of Tamil Nadu Chennai District.
    THE HON’BLE CHIEF JUSTICE
    AND
    D.BHARATHA CHAKRAVARTHY, J.
    (drm)

W.P.No.2018 of 2024

01.02.2024

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