Northlines Correspondent
Jammu Tawi, Dec 14: In a significant ruling strengthening maternity rights of contractual employees, the Central Administrative Tribunal (CAT), Jammu Bench, has directed the Jammu and Kashmir Health Department to grant paid maternity leave along with full salary to a contractual Medical Officer appointed on academic arrangement basis.
The Tribunal allowed the Original Application filed by Dr. Tanu Jamwal, a Medical Officer engaged under the Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020, after the Health Department denied her paid maternity leave citing the temporary nature of her appointment.
A Division Bench comprising Judicial Member Sanjeev Gupta and Administrative Member Pragya Sahay Saksena held that denial of maternity benefits to contractual women employees is discriminatory, unconstitutional and contrary to settled law.
The petitioner was represented by Advocate Jattan Singh Gill, who argued that denial of maternity benefits to contractual women doctors violated constitutional guarantees of equality and gender justice.
Dr. Jamwal had applied for maternity leave with effect from May 8, 2025, but the department refused paid leave, stating that contractual appointees are entitled only to limited casual leave under Form-A of the 2020 Rules. Aggrieved, she approached the Tribunal seeking maternity benefits under the Maternity Benefit Act, 1961 and the J&K Civil Services (Leave) Rules, 1979.
Rejecting the government’s stand, the Tribunal relied on landmark judgments of the Supreme Court, including Municipal Corporation of Delhi vs Female Workers and Dr. Kavita Yadav vs Secretary, Ministry of Health, as well as the J&K High Court’s ruling in Dr. Rabia Khatoon’s case, to hold that maternity benefits are non-negotiable statutory rights, irrespective of the nature of employment
The Bench ruled that contractual women employees cannot be treated differently from permanent employees in matters of maternity leave, as such discrimination violates Articles 14, 15 and 21 of the Constitution. It directed the respondents to sanction maternity leave for 180 days and release full salary to the applicant within six weeks from receipt of the order
Taking serious note of the department’s earlier refusal despite interim directions, the Tribunal also imposed a cost of ₹25,000 on the respondents for willful non-compliance and termed their conduct “cavalier and capricious.” Consequently, the related contempt petition was closed after passing of the final order.
The ruling is expected to have wide implications for hundreds of contractual doctors and women employees working under academic and contractual arrangements across Jammu and Kashmir’s health sector.
