Female Senior Residents/Tutors Entitled To Full Pay During Maternity Leave: J&K&L High Court
The Jammu & Kashmir and Ladakh High Court has held that a female Senior Resident/Tutor is entitled to full pay and allowances during the period of maternity leave, as well as during the corresponding extension of residency necessitated by such leave.
Justice Moksha Khajuria Kazmi, while allowing a petition filed by a Senior Resident of Government Medical College, Jammu, held that the statutory entitlement to paid maternity leave could not be denied merely because the petitioner had not executed her course or assignment during the period of maternity leave.
The Court accordingly quashed the communication issued by the Health and Medical Education Department, insofar as it denied pay and allowances to Senior Residents/Tutors during maternity leave, and directed the authorities to release full pay and allowances to the petitioner for the maternity-leave period and the corresponding extended period of residency.
The petitioner, Dr. Surbhi Sharma, had been appointed as Registrar/Demonstrator in Pathology at Government Medical College, Jammu in December 2022. She gave birth to a child on August 12, 2025, and was subsequently sanctioned 180 days of maternity leave from August 21, 2025 to February 16, 2026.
Her grievance arose from a communication issued by the Health and Medical Education Department advising that Senior Residents/Tutors would not be entitled to pay and allowances during maternity/paternity leave.
She contended that the communication was contrary to the statutory framework governing maternity leave and sought payment of her withheld salary, including for the period by which her residency was extended on account of maternity leave.
The petitioner relied upon Government Order No. 451-JK(HME) of 2024 dated July 8, 2024, under which female Senior Residents/Tutors were expressly permitted maternity leave in accordance with existing Government rules and regulations.
The respondents, represented by Senior AAG Raman Sharma, fairly conceded the petitioner's claim, stating that the matter was covered by the High Court's earlier judgment in Dr. Sonakshi Gupta & Ors. v. UT of J&K & Ors., decided on July 10, 2026.
The Court noted that the petitioner's appointment was governed by the J&K Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020, while the 2024 Government Order expressly provided maternity leave to female Senior Residents/Tutors.
'Absolute Right' To Leave Salary Under Rule 41
Referring to Rule 41 of the J&K Civil Services (Leave) Rules, 1979, as amended by SRO-353 of 2015, the Court noted that maternity leave may extend up to 180 days and that during such period the woman employee is to be paid leave salary equal to the pay drawn immediately before proceeding on leave. Justice Kazmi observed,
“Rule 41(1) ... clearly provides for 180 days of Maternity Leave, a female employee has an absolute right to be paid a leave salary equal to the pay drawn immediately before proceeding on leave.”
The Court further held that the issue was no longer res integra, having already been adjudicated in Sonakshi Gupta, where it was held that maternity leave entitlement could not be defeated merely because the engagement was tenure- or course-based.
In order to shed more light on the subject Justice Kazmi also referred to the Supreme Court's judgment in Hamsaanandini Nanduri v. Union of India, where the Apex Court held that protection of maternity leave constitutes a basic human right and is connected with equality at the workplace and maternal and child health.
Justice Kazmi observed that the underlying object of the applicable Government Order and Leave Rules is to advance social justice by enabling the mother's physical recovery, facilitating care of the child and ensuring that women are not disadvantaged in the workplace because of maternity.
The Court further referred to K. Umadevi, noting that maternity leave is not merely a matter of fair play and social justice but also a constitutional guarantee towards which the State is bound to act.
In view of the statutory framework, the earlier binding decision of the High Court and the respondents' concession, the Court disposed of the petition at the threshold.
The communication dated October 14, 2025 was set aside insofar as it denied the petitioner pay and allowances during maternity leave. The authorities were directed to grant her full pay and allowances for the entire maternity-leave period and for the corresponding extended period of residency.
Case Title: Dr. Surbhi Sharma v. UT of J&K & Ors.
Citation: 2026 LiveLaw (JKL) 326