The Jammu and Kashmir High Court has declared that maternity leave is a constitutional right, ordering the government to release withheld salaries for doctors on academic arrangements. The ruling emphasizes that maternity benefits cannot be denied through administrative orders, relying on Supreme Court precedents to protect the dignity and rights of working women.
The High Court of Jammu and Kashmir and Ladakh has issued a significant ruling affirming that maternity leave is an essential constitutional right for working women. In a decision delivered by Justice Rajnesh Oswal, the court struck down an administrative directive that had denied salary payments to doctors engaged on an academic arrangement basis during their maternity leave period.
The case involved doctors, including senior residents and tutors, who were appointed under the Jammu and Kashmir Medical and Dental Education Rules of 2020. These professionals challenged a communication issued by the Union Territory’s Health and Medical Education Department on October 14, 2025, which attempted to withhold their pay and allowances by classifying their leave period as time spent out of assignment. The administration had argued that because these doctors were tenure-based appointees rather than regular government employees, they were not entitled to salary during their maternity leave.
Court Overrules Administrative Denial of Pay
In its judgment, the court pointed to a government order dated July 8, 2024, which had explicitly adopted existing rules to grant maternity leave to these doctors. Justice Oswal noted that the administration could not adopt these rules on one hand and then arbitrarily deny the associated financial benefits on the other. The court characterized the government's attempt to withhold salary as administrative overreach, stating that the right to receive full emoluments is intrinsically tied to the maternity leave itself.
To support this decision, the court referenced established legal precedents, including the Supreme Court’s rulings in cases such as Municipal Corporation of Delhi versus Female Workers (Muster Roll) and Deepika Singh versus PGIMER, Chandigarh. These past judgments have consistently upheld that maternity benefits are constitutionally protected and cannot be diluted by executive instructions or departmental communications.
Impact on Government Healthcare Staff
The court’s decision effectively quashes the October 2025 directive and mandates that the government release all unpaid salary and allowances to the affected doctors. For employees engaged in public sector institutions under similar academic or tenure-based arrangements, this ruling provides clarity on the application of standard civil service leave rules. The judgment reinforces the principle that administrative policies cannot supersede constitutional protections regarding maternity benefits. The next phase for the parties involved will be the compliance process as the government moves to implement the court's order for the release of pending funds.