x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   "CM Omar Abdullah does not like opposition": LoP Sunil Sharma | Chief Justice J&K and Ladakh High Court visits Sharda Temple LoC Teetwal | BJP Chief holds strategy meet for next round of Assembly polls | Educated Unemployed Youth Turns Entrepreneur: "Musafir Cafe" Inaugurated in Bhatindi | Udhampur police arrests absconder after over 10 years | Vice Prez Radhakrishnan to launch India's first non-GMO popcorn maize hybrid seed in Andhra | No new strain of H1N1, say ICMR sources as swine flu cases rise | BJP holds state office bearers' meeting at Srinagar | Power tariff hike is anti-people policy, says Ghulam Ali Khatana | Healthy Weight, Healthy Heart: Dr Sushil | NC deprived Srinagar's residents of their social, economic and political rights: Syed Mohammad Altaf Bukhari | Police apprehends drug peddler; Heroin-like substance recovered | JMC ensures timely redressal of waterlogging amidst heavy rainfall | Ladakh proposes to Centre 36 Rock and RCC Check Dams | Demand to honour Baba Jitto and preserve his glorious history | HPS organised drug awareness program | Ahead of Raksha Bandhan, CM gives four major gifts to 3.54 lakh Rasoiyas | Pinegrove's Bilingual Brilliance Triumphs at the 9th Mohinder Memorial Turncoat Debate | Dream of Viksit Bharat becoming a reality, every district of Haryana connected with Expressways: CM Nayab Singh Saini | Under the leadership of Dr KK Khandelwal, the Bharat Scouts and Guides to lead South Asian Scouting through SAANSO | Under the leadership of Dr KK Khandelwal, the Bharat Scouts and Guides to lead South Asian Scouting through SAANSO | Haryana committed to strengthening social unity through equality, dignity and inclusive development: CM Nayab Singh Saini | Central Bank of India Chandigarh region organises retail credit outreach camp | Adv Ghulam Nabi Lone Hanjura Continues Village-to-Village Outreach in Charisharief | Aayan brings laurels | ADC Bhaderwah reviews arrangements for Manimahesh, Kailash Yatra | Congress faces fresh storm: Loyalists angry over key posts for Azad returnees | From Jammu’s fortress to Srinagar’s doorstep: BJP’s historic Valley gambit | Drone alert on border: Hiranagar villages on edge as search operation intensifies | Prepare yourself for 2047, Ensure Nation’s Progress : LG Sinha | Jammu court sentences drug convict to 3 years in 18-year-old NCB case | Heavy rains affect normal life in Jammu | Doctors caution against indiscriminate antibiotic use | Some sugar imports may land before Oct 15 | PM Modi hails India’s space journey | Anti-narcotics drives do begin from September | Centre pushes states to speed up PNG adoption | NSA Doval to visit China today | Science in the Race to Slow Down Ageing | Jammu & Kashmir’s Path to a Safer Harvest: A Blueprint for Phasing Out Hazardous Chemicals | Sky Is Not The Limit | Back Issues  
 
news details
Maternity leave is a right: CAT
11/7/2025 10:38:47 PM
Early Times Report

Jammu, Nov 7 :-The Central Administrative Tribunal (CAT), Srinagar Bench, has held that a woman employee cannot be denied maternity leave merely because she has a third child, directing the University of Kashmir to reconsider the claim of an Assistant Professor whose request for 180 days’ maternity leave was earlier turned down on the basis of a “two-child norm”.
The Bench of Member (Judicial) M.S. Latif and Member (Administrative) Prasant Kumar was deciding TA/062/128/2024 (earlier WP(C) No. 1069/2023), filed by Dr. Saima Jan, 36, Assistant Professor, Department of Linguistics, challenging two orders dated November 10, 2022 and January 4, 2023 by which the University rejected her request for maternity leave from June 10 to December 10, 2022 following the birth of her third child.
Dr. Jan, appointed on April 17, 2017, had earlier availed maternity leave for her first child born on December 9, 2018. During her second pregnancy, she tested Covid-positive in July 2020 and delivered while in quarantine at JLNM Hospital, Rainawari. As classes were being conducted online during the pandemic, she continued to discharge her academic duties from home and did not take maternity leave for that period.
For her third delivery on June 10, 2022, she applied through proper channel for 180 days’ maternity leave, which was duly recommended by the Head of Department. When the Assistant Registrar sought clarification, the HoD categorically certified that she had not availed any leave between July 2020 and January 2021, when her second child was born.
Despite this, the University turned down her plea, citing Rule 41 of the J&K Civil Services (Leave) Rules, 1979 as amended by SRO-353 of 2015, to contend that maternity leave is available only “up to two living children” and that she could not claim the benefit for a third child, particularly when she had been “entitled” to it during her second pregnancy but chose not to avail it.
The Tribunal found the rejection orders to be “unreasoned” and legally unsustainable. It stressed that maternity benefits are an integral facet of a woman’s right to dignity, health and reproductive autonomy under Article 21 of the Constitution, and that an employer must adopt a “considerate and sympathetic” approach to the special physical and emotional needs of a pregnant employee.
In a detailed analysis of constitutional and international norms, the Bench referred to Supreme Court decisions on reproductive rights as well as to international instruments such as CEDAW and ILO conventions, before anchoring its reasoning in the recent landmark judgment of the Supreme Court in K. Umadevi v. Government of Tamil Nadu & Ors. (Civil Appeal No. 2526/2025). In that decision, the Apex Court declared maternity leave to be a constitutional right even in the case of a third child, ruling that any “two-child” cap in service rules cannot override fundamental guarantees of dignity, health, privacy and reproductive liberty.
The Tribunal also noted that Dr. Jan had actually availed maternity leave only once – for her first child – and had not taken any such leave in connection with her second delivery. Therefore, for all practical purposes, the leave now sought for her third child operated as only her second spell of maternity leave, it observed.
Holding that the University’s stand ran contrary to the constitutional position clarified by the Supreme Court and that the impugned orders suffered from non-application of mind, the CAT quashed both orders dated November 10, 2022 and January 4, 2023. It directed the University of Kashmir to pass a fresh, reasoned order on Dr. Jan’s maternity leave claim, after granting her an opportunity of being heard and keeping in view the law laid down in K. Umadevi, within four weeks. (JNF)
  Share This News with Your Friends on Social Network  
  Comment on this Story  
 
 
 
Early Times Android App
STOCK UPDATE
 
 
 
 
 
 
 
   
Home About Us Top Stories Local News National News Sports News Opinion Editorial ET Cetra Advertise with Us ET E-paper
 
 
J&K RELATED WEBSITES
J&K Govt. Official website
Jammu Kashmir Tourism
JKTDC
Mata Vaishnodevi Shrine Board
Shri Amarnath Ji Shrine Board
Shri Shiv Khori Shrine Board
UTILITY
Train Enquiry
IRCTC
Matavaishnodevi
BSNL
Jammu Kashmir Bank
State Bank of India
PUBLIC INTEREST
Passport Department
Income Tax Department
JK CAMPA
JK GAD
IT Education
Web Site Design Services
EDUCATION
Jammu University
Jammu University Results
JKBOSE
Kashmir University
IGNOU Jammu Center
SMVDU