The Jammu and Kashmir High Court has ruled that maternity leave is a constitutional right of women and cannot be treated as a discretionary benefit granted by the government. The court observed that once maternity leave is approved under the applicable rules, authorities cannot deny salary or allowances for the approved leave period.
The judgment came while hearing petitions filed by several doctors employed at government medical colleges in Jammu and Kashmir. The petitioners alleged that although their maternity leave had been sanctioned in accordance with government regulations, they were later denied salaries and allowances for the leave period. According to them, they were marked as "out of assignment" during their maternity leave, resulting in the withholding of their pay.
The administration argued that the petitioners were contractual employees appointed for fixed terms rather than permanent government staff. On that basis, it claimed they were not entitled to receive salaries while on maternity leave.
Justice Rajnesh Oswal rejected the government's argument, stating that maternity leave is rooted in the constitutional principles of dignity, equality, and protection of women's rights. The court emphasized that the benefit cannot be reduced to an act of governmental generosity or withdrawn through subsequent administrative instructions after leave has already been approved.
The High Court further directed the authorities to release all pending salaries and allowances due to the petitioners for their maternity leave period. The ruling reinforces the principle that maternity benefits are closely linked to a woman's right to work with dignity and that approved maternity leave must include full financial entitlements, irrespective of later administrative changes.
