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In a significant ruling on maternity rights in public employment, the High Court of Jammu & Kashmir and Ladakh has held that female Senior Resident doctors engaged under academic arrangement rules cannot be deprived of salary during maternity leave. The Court ruled that once the government extended maternity leave under its existing rules, it could not deny the accompanying financial benefits through a later administrative communication.
Background of the Case
The case was filed by Dr. Sonakshi Gupta and Others against the UT of J&K and Others after the authorities denied them pay and allowances during maternity leave by issuing a communication dated October 14, 2025.
The petitioners were working as Senior Residents/Tutors under the Jammu & Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020. They had availed maternity leave under Government Order No. 451-JK(HME) of 2024, which extended maternity leave benefits to Senior Residents/Tutors in accordance with government rules and regulations.
The doctors argued that while the government permitted maternity leave and extended their residency period to compensate for the leave, it later withheld their salaries without any such restriction in the original government order. They challenged the communication as arbitrary and contrary to the applicable rules.
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Court's Observations
Justice Rajnesh Oswal observed that the government's action undermined the constitutional protection available to working women and was inconsistent with the idea of a welfare State.
The Court observed,
“Maternity leave cannot be reduced to a matter of state charity; it is an unassailable constitutional right anchored in the dignity of women.”
The bench noted that Government Order dated July 8, 2024, specifically granted maternity leave to female Senior Residents/Tutors in accordance with existing government rules. Therefore, the authorities could not rely on a subsequent communication to deny salary during the approved leave period.
Rejecting the argument that tenure-based doctors were not entitled to the same protection, the Court held that Rule 41(1) of the J&K Civil Services (Leave) Rules entitled eligible female employees to maternity leave with leave salary equal to their last drawn pay.
The Court further observed,
“The respondents cannot now blow hot and cold by withholding their salaries. The right to full emoluments is an organic corollary of the right to leave itself.”
Justice Oswal also relied on the Division Bench judgment in Jammu and Kashmir Bank Ltd. and Others v. Tanu Gupta, as well as Supreme Court decisions including Municipal Corporation of Delhi v. Female Workers (Muster Roll), Deepika Singh v. PGIMER, Chandigarh, and Kavita Yadav v. State (NCT of Delhi), which emphasize that maternity benefits must receive a beneficial interpretation to protect the dignity of working women.
Court's Decision
Allowing the writ petition, the High Court quashed the communication dated October 14, 2025, insofar as it denied pay and allowances to the petitioners during maternity leave.
The Court directed the authorities to grant the petitioners full pay and allowances for the entire maternity leave period as well as for the extended period of residency corresponding to the number of days of maternity leave.
The writ petition was accordingly disposed of.
Case Details
Case Title: Dr. Sonakshi Gupta and Others v. UT of J&K and Others
Case Number: WP(C) No. 3509/2025 (O&M)
Judge: Justice Rajnesh Oswal
Decision Date: 10 July 2026
