Female senior residents are entitled to full pay and allowances during maternity leave and corresponding residency extension.

The petitioner was appointed as Registrar/Demonstrator in Pathology at Government Medical College, Jammu, under the J&K Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020, and joined on 16 December 2022. Following the birth of her child on 12 August 2025, she was sanctioned 180 days’ maternity leave from 21 August 2025 to 16 February 2026.

However, Communication No. ME-GEN/187/2025-01(E:7642802) dated 14 October 2025 advised that Senior Residents/Tutors would not be entitled to pay and allowances during maternity or paternity leave. The petitioner challenged the communication to the extent that it denied her salary and allowances during maternity leave and the corresponding extended period of residency.

Whether the petitioner, as a female Registrar/Demonstrator/Senior Resident/Tutor, was entitled to paid maternity leave under Government Order No. 451-JK(HME) of 2024 read with Rule 41 of the Jammu and Kashmir Civil Services (Leave) Rules, 1979

Whether the administrative communication dated 14 October 2025 could deny pay and allowances during maternity leave and the corresponding extended period of residency

Government Order No. 451-JK(HME) of 2024 entitles female Senior Residents/Tutors to maternity leave in accordance with existing Government rules and regulations.

Rule 41(1) of the Jammu and Kashmir Civil Services (Leave) Rules, 1979, substituted by SRO 353 of 2015, provides for maternity leave up to 180 days and payment of leave salary equal to the pay drawn immediately before proceeding on leave.

The Court relied on Dr. Sonakshi Gupta & Ors. v. UT of J&K & Ors., which held that the same communication could not deny pay and allowances during maternity or paternity leave, including during the corresponding extended residency period.

The Court further referred to Hamsaanandini Nanduri v. Union of India & Ors., 2026 INSC 246, for the principle that maternity-leave protection is a basic human right supporting workplace equality and maternal and child health, and K. Umadevi v. Government of Tamil Nadu & Ors., 2025 LiveLaw (SC) 614, for the principle that maternity leave is a matter of social justice and a constitutional guarantee to women employees.

The Court held that Government Order No. 451-JK(HME) of 2024 incorporated the existing Government rules governing maternity leave for female Senior Residents/Tutors. Since Rule 41 expressly mandated payment of leave salary equal to the pay drawn immediately before maternity leave, the petitioner had a statutory entitlement to paid maternity leave.

The communication dated 14 October 2025, being a mere administrative instruction, could not curtail or override that entitlement. The Court further followed Dr. Sonakshi Gupta, holding that the tenure- or course-based nature of the petitioner’s engagement did not defeat her entitlement to maternity benefits. Because the petitioner was required to undergo an extended residency corresponding to the maternity-leave period, the same pay and allowances were also payable for that extended period.

Respondent No. 1 was directed to grant the petitioner full pay and allowances for the entire maternity-leave period and for the extended period of residency corresponding to the number of days of maternity leave. The writ petition was accordingly disposed of.