Administrative Communication Denying Salary During Maternity Leave Set Aside; Court Emphasizes Maternity Benefit as Basic Human Right and Constitutional Guarantee
In a significant judgment dated September 19, 2026, the Jammu & Kashmir and Ladakh High Court, presided by Justice Moksha Khajuria Kazmi, reaffirmed the statutory entitlement of paid maternity leave for Senior Residents and Tutors in government medical colleges of Jammu & Kashmir. The Court quashed a government administrative communication that denied pay and allowances to female doctors during their maternity leave, underscoring that such a denial is unlawful and contrary to established statutory provisions.
The petitioner, Dr. Surbhi Sharma, a Senior Resident appointed under the Jammu & Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020, challenged the communication dated October 14, 2025, which stated that Senior Residents and Tutors would not receive pay and allowances during maternity leave. Dr. Sharma had availed maternity leave for 180 days following the birth of her child and sought payment of salary and allowances for the entire leave period including the extended residency period corresponding to the maternity leave.
The Court extensively examined the Jammu and Kashmir Civil Services (Leave) Rules, 1979, especially Rule 41(1) as amended by SRO 353 of 2015, which mandates that a woman employee is entitled to maternity leave up to 180 days with leave salary equal to the pay drawn immediately before proceeding on leave. Further, Government Order No. 451-JK(HME) of 2024 explicitly extended these benefits to Senior Residents and Tutors in government medical colleges.
Rejecting the respondents' administrative communication as an attempt to curtail a statutory right, the Court held that maternity leave is a fundamental right advancing social justice, workplace equality, and maternal dignity. It observed that the entitlement to maternity benefits cannot be denied on the ground of tenure-based or course-based nature of the appointment. The judgment referred to precedents including the recent ruling in Dr. Sonakshi Gupta & Ors vs UT of J&K & Ors., which dealt with a similar issue.
The Court directed the respondents to immediately release the withheld salary and allowances for the entire maternity leave period and the extended residency period equivalent to the leave taken. It emphasized that maternity leave protects the health and well-being of the mother and child and is essential for enabling women to return to their professional duties with dignity and efficiency.
This judgment reaffirms the legal protection of maternity benefits for women in government service in Jammu & Kashmir and sets a precedent against administrative orders that seek to undermine statutory rights. It also aligns with Supreme Court pronouncements recognizing maternity leave as a basic human right and constitutional guarantee.
Bottom Line:
Maternity leave to Senior Residents/Tutors in Government Medical Colleges of J&K is a paid statutory benefit; an administrative communication cannot deny pay and allowances during maternity leave or the corresponding extended residency period.
Statutory provision(s): Jammu and Kashmir Civil Services (Leave) Rules, 1979 Rule 41(1) as amended by SRO 353 of 2015, Government Order No. 451-JK(HME) of 2024 dated 08.07.2024
Dr. Surbhi Sharma v. UT of J&K, (Jammu & Kashmir And Ladakh) : Law Finder Doc Id # 2983445
