The petitioner-doctors before the Court included senior residents tutors engaged under the Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020.
They challenged a communication dated October 14, 2025, issued by the Union Territory's Health and Medical Education Department on the advice of the Finance Department, which denied them pay and allowances during maternity leave on the ground that they were “out of assignment.”The petitioners contended that a government order from 2024 expressly granted maternity leave in accordance with existing government rules and that they were never informed that availing such leave would result in loss of salary.
Their counsel argued that the 2024 government order incorporated existing government rules, including Rule 41(1) of the J&K Civil Services (Leave) Rules, 1979, which guarantees paid maternity leave.
He also relied upon the High Court's earlier judgment in Jammu and Kashmir Bank Ltd. v. Tanu Gupta, to contend that no woman employee can be subjected to financial disadvantage merely because she avails maternity leave.
The petitioner-doctors before the Court included senior residents tutors engaged under the Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020.
They challenged a communication dated October 14, 2025, issued by the Union Territory's Health and Medical Education Department on the advice of the Finance Department, which denied them pay and allowances during maternity leave on the ground that they were “out of assignment.”
The petitioners contended that a government order from 2024 expressly granted maternity leave in accordance with existing government rules and that they were never informed that availing such leave would result in loss of salary.
Their counsel argued that the 2024 government order incorporated existing government rules, including Rule 41(1) of the J&K Civil Services (Leave) Rules, 1979, which guarantees paid maternity leave.
He also relied upon the High Court's earlier judgment in Jammu and Kashmir Bank Ltd. v. Tanu Gupta, to contend that no woman employee can be subjected to financial disadvantage merely because she avails maternity leave.
