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New Indian Express
9 hours ago
- Health
- New Indian Express
Maternity leave can be included in bond period: Madras High Court
MADURAI: The Madurai Bench of the Madras High Court directed the state government to return the educational certificates of a doctor, which were withheld on the ground that she had gone on maternity leave without completing the mandatory two-year service done by postgraduate doctors. A bench of justices G R Swaminathan and K Rajasekar observed that the 12-month maternity period should be counted as part of the bond period. The judges made the observation while allowing an appeal filed by the doctor, E Krithikaa, challenging an order passed by a single judge rejecting her previous petition. During the admission to MS (General Surgery) at Thanjavur Government Medical College, Krithikaa signed a bond for the sum of Rs 40 lakh with an undertaking that upon completion of the three-year course, she would serve the government for at least two years. She was also required to submit her original certificates. After graduating in August 2019, she served as an assistant surgeon at Thittakudi GH for a year and went on maternity leave. Saying that she did not complete the bonded service period, the authorities refused to return her certificates, a decision upheld by the single judge. Hearing her appeal, the division bench cited several SC judgments declaring that every woman has a fundamental right to maternity benefits. The judges referred to various provisions of the Maternity Benefit Act, 1961, especially section 27, which stated that provisions of the Act shall have effect notwithstanding anything inconsistent therewith contained in any contract of service. Thus, the bench said the bond condition should give way to the rights conferred on women under the Act. It added that though the doctor is not a regular government employee, she is entitled to the same treatment.
New Indian Express
2 days ago
- Politics
- New Indian Express
Family values: Court affirms Tamil Nadu's inclusive gender traditions
In a landmark ruling delivered earlier this month, the Madras High Court affirmed that same-sex couples can form families without legal marriage. It marked a major milestone for LGBTQIA+ rights in India, particularly in Tamil Nadu. Emerging from a habeas corpus petition, the ruling addressed the case of a 25-yearold lesbian woman detained by her natal family. Her partner sought her release so that they could live together. While securing her freedom, Justices G R Swaminathan and V Lakshminarayanan expanded the definition of family under Indian law, emphasising personal autonomy and right to self-determination. It comes decades after the 2002 suicide of two lesbian women in Erode's Satyamangalam forest after facing societal rejection of their relationship. Despite this, the 2025 verdict builds on Tamil Nadu's progressive legacy rooted in both legal reforms and Indic traditions fostering wider acceptance of diverse identities. The verdict signals progress while recognising the concept of a 'chosen family' under Article 21 of the Constitution, which guarantees life and personal liberty. The court's assertion that 'marriage is not the sole mode to found a family' validates non-traditional relationships and offers hope where despair once prevailed. Despite a section of society refusing to accept gender-diverse communities, every May to July, vast numbers of indigenous gender-variant and diverse SOGIESC (sexual orientation, gender identity, expression, and sex characteristics) communities in south India honour their patron deities at temples such as those for Koothandavar Aravan in Tamil Nadu, and for Ellamma, Bhagavati and Mariamman across the region. These communities enact gender-specific Hindu rituals, which have historically provided sacred spaces for early LGBTQIA+ activism. This cultural acceptance, though not universal, has helped shape a more inclusive societal framework and complemented the legal efforts. The court's legal reasoning in the latest case was meticulous. The detainee confirmed her lesbian identity and desire to live with her partner, exposing familial coercion. The judges, referencing the Supreme Court's 2023 ruling in the Supriyo @ Supriya Chakraborty case, noted while same-sex marriage remains unrecognised, same-sex couples can still form families. The court criticised police inaction and directed law enforcement to protect the couple, reinforcing the judiciary's role in safeguarding individual rights against societal and familial pressures
New Indian Express
2 days ago
- Politics
- New Indian Express
Medical certificate enough for disabled to get family pension: Madurai bench of Madras HC
MADURAI: The Madurai Bench of Madras High Court has observed that pensioners' children, who suffer intellectual disability, should be given family pension on submission of medical certificate evidencing his or her incapacity to earn livelihood on their own, without insisting on certificate denoting income from all sources. A bench of justices GR Swaminathan and K Rajasekar made the observation recently while hearing an appeal filed by the principal accountant general of Tamil Nadu against an order passed by the court directing payment of family pension to the intellectually challenged son of a forester. While hearing the appeal, the judges said though the order had been complied with in this case, the daughter of a late judge with similar difficulties was not lucky and expressed anguish over the delay. The judges recalled that the widow of former acting Chief Justice of Madras High Court TS Arunachalam received pension since 2020. After her death in June 2024, their younger daughter filed an application seeking family pension for her sister, who has physical and intellectual disability. After submission of all documents, the accountant general's (AG's) office forwarded it to the Union Ministry of Law and Justice to obtain sanction from the President of India. Later, the AG's office forwarded a letter from the Government of India seeking the very same set of documents and the matter is pending at this stage, the judges noted. Expressing anguish over her struggle in getting pension, the judges called upon the Registrar General of Madras High Court to liaison with the authorities concerned and ensure that she gets family pension at the earliest. They pointed out that both the Central Civil Services (Pension) Rules and the Tamil Nadu Pension Rules make it clear that the son or daughter suffering from disorder or disability of mind, which prevents him or her from earning livelihood, will be entitled to family pension for life after the demise of the parents, upon production of a medical certificate proving the disability. When the statutory rule doesn't mention requirement of any other document, the authority cannot ask for anything more, the judges added. This issue was settled by the Supreme Court three decades ago and the said decision has been consistently followed.
New Indian Express
5 days ago
- Business
- New Indian Express
Railway properties exempt from state taxes even if commercially used: Madras HC
MADURAI: The Madurai Bench of the Madras High Court has ruled that Union government properties are exempt from state taxes even if used commercially, setting aside Madurai corporation's property tax demand on a commercial complex at Madurai railway junction. The court noted the land belongs to the Southern Railway and remains Union property throughout the lease, even though it was sublet to a private firm. The property, along with the building, will return to the railways after the lease period. A bench comprising Justices GR Swaminathan and M Jothiraman, which passed the order, noted that the parcel of land, where the complex is situated, belongs to Southern Railway and was leased out by the Rail Land Development Authority (RLDA) to Ircon Infrastructure & Services Limited - which is a wholly owned subsidiary of the Union Ministry of Railways - to develop the land for commercial use. The latter, in turn, had constructed a building and sublet the land to the appellant company, Madurai Multi Functional Complex Private Limited (MMFC), for 30 years. The Madurai corporation assessed the building for property tax and issued a demand notice in March 2018 calling upon the MMFC to pay half-yearly property tax to the tune of Rs 10.07 lakh. When the same was challenged by the MMFC, the petition was dismissed by a single bench in 2020, considering the facts that the building was constructed by Ircon infrastructure and then leased out to the MMFC and is being put to commercial use.
Time of India
6 days ago
- Business
- Time of India
Corpn can't tax railway property: HC
Madurai: Article 285(1) of the Constitution indicates that the property of the Union shall be exempt from all taxes imposed by a state, even if it is put to commercial use, observed Madras high court . The court set aside a single bench order dismissing a plea moved by Madurai Multi Functional Complex Private Limited challenging the demand notice issued by Madurai corporation seeking payment of property tax. The land in Madurai belongs to railways. To develop vacant land parcels owned by railways, The Railways Act, 1989, was amended and Railway Land Development Authority (RLDA) was constituted. In 2013, RLDA and Ircon Infrastructure and Services Limited entered into an agreement for development of railway land throughout India. Subsequently, Ircon entered into a sub-lease agreement for 30 years with Madurai Multi Functional Complex Private Limited concerning the property in Madurai. The Multi Functional Complex was constructed by Ircon on a 2,700 sq metre plot within Madurai railway station premises. Madurai corporation assessed the building for property tax and issued a demand notice in 2018, calling upon Madurai Multi Functional Complex Private Limited to pay half-yearly tax of Rs 10,07,623. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 오스템 임플란트 받아가세요 임플란터 더 알아보기 Undo Though a petition was filed challenging the demand notice, it was dismissed by the single judge. Therefore, Madurai Multi Functional Complex Private Limited (appellant) preferred the present appeal in 2020. A division bench of Justice G R Swaminathan and Justice M Jothiraman observed that the plain language of Article 285(1) of the Constitution indicates that the property of the Union shall be exempt from all taxes imposed by a state or by any authority within a state. "Article 285(1) stands as an iron dome which cannot be breached. Property of the Union of all kinds and hues can take shelter within it," the judges observed. The judges noted that RLDA is an alter-ego of the railways which cannot hold properties in its name. "Therefore, we hold that the petition mentioned building belongs to railways. The title over the building vests with the railways," they said. Hence, the judges held that the levy of property tax over the appellant-building would fall foul of Article 285(1) of the Constitution and set aside the order of the single bench. However, the judges made it clear that since the appellant is enjoying certain facilities offered by the Madurai corporation, it is open to the corporation to enter into a special agreement with the appellant to enable the petitioner to continue to enjoy those facilities. Since the appellant-building forms a class by itself, it is open to the corporation to charge a higher drainage tax. The corporation will issue notice to the appellant and other occupiers of the building to come for negotiation and enter into an appropriate agreement in this regard, the judges observed.
