Landmark Judgment Ensures Full Pay and Allowances for Female Senior Residents and Tutors During Maternity Leave
In a significant judgment, the Jammu & Kashmir and Ladakh High Court has ruled in favor of Dr. Sonakshi Gupta and other petitioners, asserting that maternity leave is a fundamental constitutional right, rooted in gender equality and dignity for women. The case involved a challenge against the Union Territory of Jammu & Kashmir's decision to deny pay and allowances to female Senior Residents and Tutors during their maternity leave.
The Court's decision, delivered by Justice Rajnesh Oswal, underscores the importance of maternity leave as a constitutional entitlement, rather than mere state charity. The judgment quashes the communication from the respondents that denied salary during maternity leave, declaring it arbitrary and unconstitutional.
Dr. Sonakshi Gupta, along with other petitioners, had availed maternity leave as per Government Order No. 451-JK(HME) of 2024, which aligns with the norms of the National Medical Commission and National Board of Examinations. This order entitles female employees to up to 180 days of maternity leave with full pay, as per Rule 41(1) of the J&K Civil Services (Leave) Rules, 1979.
The respondents argued that the petitioners, being engaged on fixed-tenure assignments, were not entitled to the same benefits as permanent government employees. However, the Court rejected this argument, stating that the denial of pay during maternity leave violates constitutional principles of gender equality and statutory mandates.
The judgment references previous decisions, including those by the Supreme Court, emphasizing the necessity of maternity benefits to uphold the dignity of motherhood and ensure a level playing field for female employees. The Court directed the respondents to grant full pay and allowances to the petitioners during their maternity leave and the extended period of residency.
This ruling sets a precedent for upholding maternity leave as a right rather than a privilege, reinforcing the constitutional vision of gender justice and equality.
Bottom line:-
Maternity leave and associated benefits cannot be reduced to state charity; they are constitutional rights rooted in the dignity of women. Denial of pay and allowances during maternity leave is arbitrary and violative of constitutional mandates.
Statutory provision(s): Article 15(3), Article 38, Article 39, Article 42 of the Constitution of India, Maternity Benefit Act, 1961, J&K Civil Services (Leave) Rules, 1979, Rule 41(1)
Dr. Sonakshi Gupta v. UT of J&K, (Jammu & Kashmir And Ladakh) : Law Finder Doc id # 2938730
