Central Administrative Tribunal Jammu Bench, Jammu Hearing through video conferencing Original Application No. 594 of 2025 alongwith C.P. No. 411 of 2025 Reserved on: 10.11.2025 Pronounced on: 12.12.2025 Hon’ble Mr. Sanjeev Gupta, Judicial Member Hon’ble Mrs. Pragya Sahay Saksena, Administrative Member

1. Dr. Tanu Jamwal, age 37 years, W/o Abhishek Rajput, R/o House No. 108, Sector 4, Trikuta Nagar, Jammu 180020.

...Applicant (Through Advocate: Mr. Jattan Singh Gill)

Versus

1. Union Territory of J&K, Through Chief Secretary, Civil Secretariat, Jammu/Srinagar 180001.Email-csjandk@nic.in

2. Commissioner Secretary to Govt. Department of Health and Medical Education, Civil Secretariat, Jammu/ Srinagar-180001.

Email-hme-jk@nic.in

3. Principal, Govt. Medical College, Bakshi Nagar, Jammu-180001.

Email-pmc-gmcjammu@jk.gov.in

4. Director Health Services, Jammu Shalamar, Resham Ghar Colony, Jammu, Jammu & Kashmir 180001.

dhsjammu@rediffmail.com, dhsjammu@gmail.com ...Respondents (Through Advocate: Mr. Sudesh Magotra, Additional Advocate General)

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 O.A., are that the applicant was engaged vide Government order No. 380-JK(HME) dated 11.05.2021 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 14.05.2021. The applicant was made to sign and execute an affidavit annexed as Form A which forms part of the Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020 notified vide S.O. 364 dated 27.11.2020. The appointment of the applicant is governed by the said rules. The applicant’s term was extended from time to time.

2. The applicant sought maternity leave with effect from 08.05.2025 vide the application dated 03.05.2025 submitted to the Medical Superintendent, GMCH, Jammu. The respondents have not sanctioned the maternity leave of the applicant. On enquiry, the respondent department has conveyed to the applicant that as the applicant has been appointed on academic arrangement basis, her appointment being temporary does not entitle her to paid leave and that the applicant can get unpaid casual leave of 30 days and leave beyond that period shall be granted as per the discretion of the respondents. Being aggrieved, the applicant has sought the following reliefs:-

(i) Direct the Respondents to sanction paid Maternity leave in accordance with Section 5 of the Maternity Benefit Act (26 weeks) or, alternatively, under the Central Civil Services (Leave) Rules (180 days).

(ii) Direct the Respondents for payment of full salary from date of delivery through the end of her maternity leave.

(iii) Direct the Respondents for not including the sanctioned maternity leave period as “unauthorised absence”.

(iv) Mandate uniform grant of maternity leave to all academic-arrangement appointees, to avoid future discrimination.

(v) Any other appropriate order or direction as this Tribunal may deem fit and proper in the facts and circumstances of the case in the interest of justice.

3. The respondents have, in their written submissions, objected to the claim of the applicant for paid maternity leave and stated that none of her legal or constitutional rights have been infringed by the respondents when they have not granted maternity leave to the applicant. This is so because, the applicant was appointed as Medical Officer on academic arrangement basis in terms of the Jammu and Kashmir Medical and Dental Education (Appointment on Academic Arrangement Basis) Rules, 2020 notified vide S.O. 364 dated 27.11.2020, which govern the terms and conditions of service. The Form A to these Rules provides that the appointee shall be entitled to a casual leave of 15 days for a period of one year and any leave beyond that period shall be at the discretio