SRINAGAR: The High Court of Jammu Kashmir and Ladakh has directed the Jammu and Kashmir Government to grant full pay and allowances to a Senior Resident/Tutor of Government Medical College, Jammu, for the period of her maternity leave and the corresponding extension of her residency.
Justice Moksha Khajuria Kazmi passed the directions while disposing of a petition filed by Dr Surbhi Sharma, 33, who had challenged a government communication denying pay and allowances to Senior Residents/Tutors during maternity and paternity leave.
The Court set aside Communication No. ME-GEN/187/2025-01(E:7642802), dated October 14, 2025, to the extent that it denied Sharma the benefit of pay and allowances during her maternity leave.
The Court also directed the respondents to release her full pay and allowances for the maternity-leave period and for the extended period of residency corresponding to the number of days of maternity leave.
Sharma had been appointed as Registrar/Demonstrator in Pathology at Government Medical College, Jammu, in December 2022 and was subsequently appointed as a Senior Resident/Tutor under the J&K Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020.
She gave birth to a child on August 12, 2025, and was granted 180 days of maternity leave from August 21, 2025, to February 16, 2026.
The petitioner had relied on Government Order No. 451-JK(HME) of 2024, dated July 8, 2024, which provides for maternity leave to female Senior Residents/Tutors in government medical colleges in accordance with existing government rules and regulations.
The Court noted that Rule 41 of the Jammu and Kashmir Civil Services (Leave) Rules, 1979, as amended by SRO-353 of 2015, provides for maternity leave of up to 180 days and stipulates that a woman employee shall receive leave salary equal to the pay drawn immediately before proceeding on leave.
The Court also relied on its earlier judgment in Dr Sonakshi Gupta & Ors v UT of J&K & Ors, decided on July 10, 2026, in which the same October 14, 2025 communication had been quashed to the extent it denied pay and allowances to Senior Residents/Tutors during maternity or paternity leave.
In that case, the Court had directed the government to grant full pay and allowances during maternity leave as well as the corresponding extended period of residency.
During the hearing, the government’s counsel, Senior Additional Advocate General Raman Sharma, conceded to the relief sought, stating that the case was covered by the earlier judgment, the order said.
The High Court also referred to Supreme Court judgments recognising maternity protection as an important component of workplace equality, maternal and child health and social justice.
The Court accordingly disposed of the petition at the threshold with the consent of the parties and directed the authorities to grant Sharma full pay and allowances for her maternity-leave period and the corresponding extension of residency.
