- CAT Asserts Compassionate Approach Needed in Cases of Pregnancy and Maternal Welfare
Jammu, November 7: In a landmark judgment reaffirming women’s constitutional rights in the workplace, the Central Administrative Tribunal (CAT), Srinagar Bench, has ruled that maternity leave cannot be denied to a woman employee solely because she has a third child. The tribunal directed the University of Kashmir to reconsider the claim of Assistant Professor Dr. Saima Jan, whose request for maternity leave of 180 days had earlier been rejected under the so-called “two-child norm.”
The Bench comprising Member (Judicial) M. S. Latif and Member (Administrative) Prasant Kumar delivered the ruling while deciding Transfer Application No. 062/128/2024 (originally Writ Petition (Civil) No. 1069/2023). Dr. Jan, aged 36, serves in the Department of Linguistics at the University of Kashmir and had challenged two university orders dated November 10, 2022, and January 4, 2023, which denied her maternity leave for the period from June 10 to December 10, 2022, following the birth of her third child.
Appointed on April 17, 2017, Dr. Jan had earlier availed maternity leave during the birth of her first child on December 9, 2018. During her second pregnancy in 2020, she tested positive for Covid-19 and gave birth while under quarantine at JLNM Hospital, Rainawari. Despite the circumstances, she continued to perform her teaching duties online throughout that period and did not claim maternity leave. Her third delivery took place on June 10, 2022, for which she formally applied for 180 days of maternity leave through proper channels, supported by a recommendation from the Head of Department.
When the Assistant Registrar sought clarification regarding her previous leave record, the Head of Department certified that Dr. Jan had not taken any leave between July 2020 and January 2021. Nonetheless, the University denied her request, citing Rule 41 of the J&K Civil Services (Leave) Rules, 1979, as amended by SRO-353 of 2015. The University argued that maternity leave could only be granted “up to two living children” and maintained that Dr. Jan had forfeited her right to the leave since she had not availed it during her second pregnancy, despite being entitled to it.
The Tribunal, however, found the University’s reasoning to be “unreasoned, mechanical, and legally untenable.” In its order, the Bench emphasized that maternity leave is not a privilege but a protected right under Article 21 of the Constitution, which guarantees the right to dignity, health, and reproductive autonomy. It observed that a woman employee should not be penalized for decisions made during extraordinary circumstances, such as the Covid-19 pandemic, and that the employer must adopt a humane and considerate approach towards pregnancy-related matters.
The CAT cited Supreme Court precedents that reinforce the principle of gender equity and the State’s responsibility to safeguard the welfare of working mothers. It noted that denying maternity benefits to a woman merely for having a third child would amount to an infringement of her fundamental rights and would contradict the broader spirit of social justice enshrined in the Constitution.
In a strong rebuke to the University of Kashmir, the Tribunal quashed both rejection orders dated November 10, 2022, and January 4, 2023, calling them a result of “non-application of mind.” The Bench directed the University to reconsider Dr. Jan’s claim for maternity leave and issue a fresh, reasoned order after granting her an opportunity to be heard.
The verdict has been hailed as a progressive step towards ensuring gender-sensitive governance and fair treatment of women employees in academic institutions. It underscores the judiciary’s role in upholding maternity benefits as a basic human right rather than a conditional administrative favor. For thousands of women in public service across Jammu and Kashmir, this decision serves as both a reassurance and a precedent—affirming that motherhood, in any circumstance, deserves dignity, support, and protection.
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