Judgment : 1. The petitioner was appointed as Secondary Grade Assistant Teacher (Urdu), on 28.02.2005. Earlier to her appointment, she gave birth to a child on 30.11.2004. After entering the Government service, she gave birth to the second child on 12.01.2008. Now, the petitioner has given delivery to a third child on 29.07.2014 and applied for maternity leave by invoking Rule 101 of the Fundamental Rules and that was not considered. Hence, the Writ Petition is filed by the petitioner seeking a direction directing the respondents to consider her request for maternity leave in the light of G.O.(Ms).No. 51, Personnel and Administrative Reforms (FR.III) Department, dated 16.05.2011. 2. It is submitted by the learned counsel appearing for the petitioner that as per Rule 101 of the Fundamental Rules as it originally stood, a Government employee was entitled to avail maternity leave for 3 children and in this case, the petitioner has given birth to the third child and the first child was delivered before entering the service and after entering the service, she gave birth for the second child and for the third child, she has applied for maternity leave and that was not considered and therefore, she is entitled to claim maternity leave as per 101(a) of the Fundamental Rules and also as per G.O.(Ms).No. 51, Personnel and Administrative Reforms (FR.III) Department, dated 16.05.2011. 3. Heard the learned counsel appearing for the petitioner and the learned Special Government Pleader appearing for the respondents. 4. The learned Special Government Pleader submitted that it is made clear that in Rule 101(a) of the Fundamental Rules, from 29.06.1993, maternity leave can be granted to a woman Government Servant with less than two surviving children as per G.O.(Ms).No.237, Personnel and Administrative Reforms (FR.III) Department, dated 29.06.1993. If a woman Government Servant had got two children before entering the Government Service, she is not entitled to avail maternity leave as per Rule 101(a) of the Fundamental Rules. 5. I am unable to accept the contention of the learned counsel for the petitioner. As per Rule 101 (a) of the Fundamental Rules, initially, the maternity leave was admissible to a woman Government Servant with less than 3 children and thereafter, by G.O.(MS).No. 237, Personnel and Administrative Reforms (FR.III) Department, dated 29.06.1993, it was restricted to less than two surviving children. As per Rule 101 (a) of the Fundamental Rules, initially, the maternity leave was admissible to a woman Government Servant with less than 3 children and thereafter, by G.O.(MS).No. 237, Personnel and Administrative Reforms (FR.III) Department, dated 29.06.1993, it was restricted to less than two surviving children. Therefore, when a woman Government Servant is having 2 surviving children, she is not entitled to avail maternity leave for the third child. The contention of the learned counsel for the petitioner is that the petitioner gave birth to the first child before entering the service and therefore, that should not be taken into consideration and as a woman Government Servant is entitled to avail maternity leave for 2 children and for the second child, she availed maternity leave in the year 2008 and the present child though third child for her, it was born after she entered the service and therefore, it must be considered as the second child for the purpose of Rule 101(a) of the Fundamental Rules and therefore, she is entitled to maternity leave and it has to be directed to be considered by the respondents. 6. The purpose of Rule 101(a) of the Fundamental Rules is in consonance with the policy of the Government. To restrict the population initially, the Government permitted maternity leave for 3 children and subsequently, it was restricted to 2 children. Maternity Leave is permissible only for 2 children and it does not depend upon the date of entering the service. If a woman Government Servant has got 2 children prior to entering the service and thereafter, she gave birth to another child after entering the service, she is not entitled to any maternity leave as she has already got two surviving children. G.O.(Ms).No. 51, Personnel and Administrative Reforms (FR.III) Department, dated 16.05.2011 also makes it clear that maternity leave for a woman Government servant with less than two surviving children is allowed. As the petitioner is having two surviving children and she gave birth to the third child, she is not entitled to maternity leave for the third child. Hence, the representation of the petitioner cannot be considered. 7. In the result, the Writ Petition is dismissed. No costs.