CENTRAL ADMINISTRATIVE TRIBUNAL SRINAGAR BENCH [WP(C) No.1069/2023]

Dated: 17.09.2025 C O R A M HON’BLE MR. M.S. LATIF, MEMBER (JUDL.)

HON’BLE MR. PRASANT KUMAR, MEMBER (ADMN.)

Dr. Saima Jan Aged 36 Years, W/O Liyakat Ali, R/O Brein, Nishat, Srinagar, J&K. ……Petitioner For the petitioner : Mr. Shah Faisal.

VERSUS

1. University of Kashmir through its Registrar, University of Kashmir, Hazratbal, Srinagar, J&K.

2. Assistant Registrar, Administration-TW, University of Kashmir, Hazratbal, Srinagar, J&K.

3. Head of the Department, Department of Linguistics, University of Kashmir, Hazratbal, Srinagar, J&K.

…..Respondents For the respondents : Mr. Asif Maqbool.

O R D E R

(O R A L)

Per Hon’ble Mr. M.S. Latif, Member (Judl.)

1. Most cherished desire of a woman is to be a mother and women constitute almost half of the segment of our society who have to be treated with dignity and honour at place where they work. What is needed for a mother is to facilitate the birth of a child particularly of a woman in service, the employer has to be considerate and sympathetic towards her and must realise her physical difficulty which a working woman would face in performing her duty at her work place while carrying a baby in her womb.

2. The petitioner seeks following reliefs:

“a) Issue a Writ of certiorari and quash the order issued by respondent no.3 Vide No F(Maternity-Leave)

Adm/Tw/22/10785 Dated November 10, 2022.

b) Issue a writ of certiorari and quash the order issued by respondent no.3 vide No. F(Maternity-Leave- Lingu)Admn/Tw/Ku-2023/10957 Dated January 04, 2023.

c) Issue a writ of mandamus commanding the respondents to treat the period commencing from 10^th June 2022 till 10^th December 2022 as maternity leave period and the petitioner be granted all the consequential benefits to which an employee is entitled for such period.

d) Any other Writ, order or direction which this Hon’ble court may deem fit and proper also be issued in favour of the Petitioner and against the Respondents.”

3. The facts, as stem out of the pleadings, are that the petitioner was appointed as an Assistant Professor of Linguistic, University of Kashmir on 17.04.2017 and the petitioner has been performing her duty to the best of her capabilities. The petitioner entered into wedlock on 05.09.2017 and out of the said wedlock, the petitioner gave birth to first child on 09.12.2018 and consequently the petitioner applied for maternity leave, which was accordingly granted by the respondents. It is stated that during the period of second pregnancy, the petitioner was tested as “Covid Positive on 16.07.2020. Resultantly, the petitioner was put into quarantine centre at Jawahar Lal Nehru Memorial Hospital, Rainawari, Srinagar (JLNM Hospital) on 17.07.2020 and on the fifth day at quarantine centre, JLNM Hospital, the petitioner gave birth of second child on 21.07.2020. As stated, the petitioner tested negative on 27.07.2020 and discharged from the hospital/quarantine centre supra. It is also stated that during this time, there was a global lockdown and most of the universities, colleges and schools were functioning through virtual mode only and a decision was taken by the respondent university that the classes would be made functional through virtual mode on account of Covid Protocol/SOP directions issued from time-to-time by the authorities. The petitioner, as such, also resumed her classes through virtual mode and undertook her routine duties through virtual mode. The petitioner even in her second pregnancy was on active duty without any break or interruption as the classes were undertaken through the virtual mode. It is stated that the petitioner gave birth to her third child on 10.06.2022 and consequently, she applied for second maternity leave which commenced from

10.06.2022 to 10.12.2022.

4. It is stated in the petition that the petitioner only availed the maternity leave benefits as regards to her first child only and as regards her second pregnancy, the petitioner did not avail any maternit