x

Like our Facebook Page

   
Early Times Newspaper Jammu, Leading Newspaper Jammu
 
Breaking News :   We have scripted new history under PM Modi’s guidance: LG Sinha | Take legislators, stakeholders on board for smooth execution of projects: CM Omar tells officials | HC upholds PSA detention of Kupwara man | Hundreds participate in Army-sponsored marathon near LoC | No airline will be permitted to cause hardship to passengers: Naidu | Border surveillance, digital tools reduce infiltration, terror activities: MHA | CBK cracks major grain misappropriation racket | Court extends NIA custody of Amir Rashid by 7 days | Baramulla doctor arrested for providing logistic support to suicide bomber | NIA conducts searches forests in Anantnag | BSF jawan found dead, CRPF constable dies | Biting cold grips Kashmir | Man accused of criminal, anti-social activities detained under PSA | Indian Youth and Education: Modern-Day Challenges and Opportunities | Procrastination — A quiet enemy of clear thinking | Symbols Of Resilience | LG Kavinder Gupta calls Financial Institutions catalysts of socio-economic change in Ladakh | "Separatist Thinking in Parliament": Gaurav hits out at NC MP Ruhullah Mehdi | Govt committed to deliver good governance that reflects aspirations of every section of society: Sakeena Itoo | General Manager of NFR inspects Darjeeling Himalayan Railway | DPIIT publishes first part of working paper on AI-copyright interface | District police Reasi seizes two dumpers carry illegal mining material at Katra | KC Gurukul Public School celebrates 15th Annual Day | JKPCC celebrates Sonia Gandhi Ji's birth day | M Suleman Choudhary-IPS, IGP Traffic J&K holds review meeting on traffic management in Jammu City | SC grants Interim bail to Bijbehara resident sent back to Jail 19 Years after acquittal | Shri Mata Vaishno Devi Narayana Hospital saves newborn from severe meningitis and septic shock | Governor of Punjab Inaugurated AIU North Zone Vice Chancellors' Meet 2025-26 at LPU | District police Reasi arrests drug peddler, recovers heroin during Naka checking | Youth Power for Life: ROTTO-PGIMER Champions Organ Donation at Haryana Youth Festival 2025 | GNDU's Golden Jubilee Centre for Entrepreneurship & Innovation Showcases Startups at PITEX 2025 | ATM theft accused arrested by Doda Police | Indian Army accelerates bridge restoration & medical aid in Sri Lanka under OP Sagar Bandhu | 2-day Kisan Mela/Workshop organised under MIDH at Ramgarh | 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