Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 433/25 Reserved on: 4.8.2025 Pronounced on: 14.08.2025 Hon’ble Mr. Sanjeev Gupta, Judicial Member Hon’ble Mrs. Pragya Sahay Saksena, Administrative Member

1. Shivali Sharma, aged 33 years, D/o Shri Surinder Kumar, R/O H. No. 5, Shiv Nagar, Miran Sahib, Jammu-181101.

...Applicant (Through Advocate: Mr. Anuj Dewan Raina)

Versus

1. Union Territory of Jammu Through Commissioner Secretary Health and Medical Department, Government of Union Territory of J&K Secretariat, Jammu, PIN- 180001

2. Principal Government Medical College, Kathua, PIN -184101.

3. Chief Accounts Officer Government Medical College, Kathua, PIN- 184101.

...Respondents (Through Advocate: Mr. Sudesh Magotra, Additional Advocate General, Jammu)

ARUN D D i N g : it a C l = y I N si , g O ne = d C e b n y t A ra R l U Ad N m K in U is M tr A a R tive Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp ofice Jammu KUMA J b a e n c d 5 k 1 " f0 , 8 P 4 h 3 o e n d e d = 6f093ec1f674dd9302e0b8c00

71a6de1c7f3234e1484e073c, SERIALNUMBER=

39825f907708ddbc43cce60ec5938e235e0fbe

2971cd9f0dd52bbb4aa46b2564, E=

R g K 1 U a M ru A n R kumar@yahoo.com, CN=ARUN Reason: I am the author of this document O R D E R (Per: Mrs. Pragya Sahay Saksena, Administrative Member)

An application under section 19 of the Administrative Tribunals Act, 1985 has been filed by the Applicant. The facts of the case as averred in the OA are that the applicant was engaged vide order dated 10.8.2019 in the Government Medical College, Kathua (GMC, Kathua) against the post of Health Educator on contractual basis initially for a period of one year extendable for a maximum of six years. The applicant joined the office of the respondents on 10-8-2019. The applicant was permitted to continue her contractual services as her term was extended from time to time.

1.1 The applicant sought maternity leave from 21.8.2024 to 16.2.2025 for a total period of 180 days vide the application dated 20.8.2024, which was forwarded by the Head, Department of Community Medicine, Government Medical College (GMC), Kathua to the Principal, GMC, Kathua. Initially the respondents paid the salary to the applicant for the months of August, September and October, 2024, which led the applicant to believe that her application for maternity leave had been accepted. After the delivery of a male child on 10.9.2024 the applicant continued her maternity leave and intimated to the respondents. She rejoined her office duty on 17.2.2025 after completion of the maternity leave and her joining report was forwarded by Head, Department of Community Medicine, GMC, Kathua to the Principal, GMC, Kathua. The applicant also submitted the entire medical record to the respondents along with the discharge summary dated 13.9.2024 ARUN D D i N g : it a C l = y I N si , g O ne = d C e b n y t A ra R l U Ad N m K in U is M tr A a R tive Tribunal Jammu Bench, OU=Private Secretary, PostalCode=180001, L=jammu, S=JAMMU AND KASHMIR, STREET="Wazarat Road, Opposite Chief Secretary Camp ofice Jammu KUMA J b a e n c d 5 k 1 " f0 , 8 P 4 h 3 o e n d e d = 6f093ec1f674dd9302e0b8c00

71a6de1c7f3234e1484e073c, SERIALNUMBER=

39825f907708ddbc43cce60ec5938e235e0fbe

2971cd9f0dd52bbb4aa46b2564, E=

R g K 1 U a M ru A n R kumar@yahoo.com, CN=ARUN Reason: I am the author of this document in connection with her claim for medical reimbursement. Though the respondents have granted maternity leave of 180 days to her vide the order dated 2.6.2025, they have denied salary for the maternity leave period. The salary for the period after her rejoining the office duties on 17.2.2025 was also not given to her. Being aggrieved by these actions by the respondents, the applicant has sought for the following reliefs:

“(i) Direct the respondents to sanction and pay the maternity leave to the applicant with effect from 21