J-k High-Court Declares Maternity Leave Recognized as Continuous Service

J-k High-Court Declares Maternity Leave Recognized as Continuous Service

Asif Iqbal | December 17, 2023 | 11:34 PM IST | Courts & Law, Jammu Kashmir | Follow on Google News

J-k High-Court Declares Maternity Leave Recognized as Continuous Service.image/KL

J-k High-Court Declares Maternity Leave Recognized as Continuous Service

The High Court of Jammu and Kashmir and Ladakh has issued a landmark ruling asserting that approved leave, including maternity leave, should not be considered a disruption in service.

Justice Sanjeev Kumar made these pronouncements in response to a case involving six female banking associates who faced promotion denials due to the exclusion of maternity leave from their total service calculations. Despite serving as banking associates at the J&K Bank for seven years, these petitioners encountered obstacles to promotion as the bank subtracted the period of maternity leave from their overall service. Consequently, this decision rendered them ineligible for promotion, as seven years of uninterrupted service is a prerequisite under the “Seniority-cum-Selectivity Channel.

Police arrests notorious drug smuggler under PIT NDPS Act in Baramulla

Jahangir Iqbal Ganaie, the representative for the petitioners, argued that maternity leave is officially sanctioned and should not be considered a service interruption. The exclusion of maternity leave from the service calculation was deemed discriminatory against female employees, violating constitutional articles.In its defense, advocate Adil Asmi, representing J&K Bank, contended that although maternity leave is sanctioned, it does not constitute active service, and the promotion policy requires seven years of “actual regular service.”

Justice Kumar rejected the bank’s argument, underscoring that any employee on sanctioned leave, including maternity leave, should be regarded as being in service. He labeled the exclusion of maternity leave as “arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution.

“The court directed J&K Bank to acknowledge maternity leave as regular service, thereby rendering the petitioners eligible for promotion to the JMGS Scale-I Officers Cadre under the seniority-cum-selectivity channel.

This ruling sets a precedent for recognizing maternity leave as a valid period of active service, contributing to the promotion of equality in employment opportunities for women.

J-k High-Court Declares Maternity Leave Recognized as Continuous Service:In case of rectification of any error in article , Visit on Correction Policy & Register your Query:

Asif Iqbal

Asif Iqbal is a seasoned news writer with a passion for delivering the latest updates to the public. Currently serving as the senior writer at VoM News, a prominent news outlet known for its comprehensive coverage of diverse topics, Asif has established himself as a reliable source of information. With a keen eye for detail and a knack for storytelling, he consistently provides readers with well-crafted articles that cover a wide range of news categories. His dedication to journalistic integrity and his commitment to staying ahead of the news curve make him an invaluable asset to Vom News, ensuring that readers are always well-informed on the issues that matter most. You can find his work and stay updated on current events by visiting vomnews.in.