Maternity leave doesn’t result in break in service, rules High Court

Srinagar, December 16

The Jammu and Kashmir and Ladakh High Court has ruled that approved leave, including maternity leave, should not be treated as a break in service. The court emphasised that employees on any type of sanctioned leave, maternity or otherwise, should be considered in active service.

Justice Sanjeev Kumar delivered these crucial observations in response to a case involving six female banking associates, who were denied promotion due to the exclusion of maternity leave from their total service.

The petitioners, employed as banking associates in the J&K Bank for seven years, faced promotion hurdles as the bank deducted their maternity leave period from the overall service calculation. The bank’s decision rendered them ineligible for promotion, which requires seven years of regular service under the “Seniority-cum-Selectivity Channel.”

Jahangir Iqbal Ganaie, representing the petitioners, argued that maternity leave is sanctioned leave and should not be construed as a break in service.

Excluding maternity leave from service calculation was deemed discriminatory against women employees, violating constitutional articles.

In defense, advocate Adil Asmi, representing J&K Bank, claimed that maternity leave, although sanctioned, does not constitute active service, and the policy for promotion requires seven years of “actual regular service.”

Justice Kumar dismantled the bank’s stance, emphasising that any employee on sanctioned leave is deemed to be in service, including maternity leave. He rejected the argument that maternity leave should be deducted while calculating the seven years of service, labelling the exclusion as “arbitrary, discriminatory, and violative of Articles 14 and 16 of the Constitution.”

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

The ruling sets a precedent for the recognition of maternity leave as active service, promoting equality in employment opportunities for women.

Relief for J&K Bank women staff

• The petitioners, employed as banking associates in -J&K Bank for seven years, faced promotion hurdles as the bank deducted their maternity leave period from the overall service calculation
• Petitioners’ counsel argued that excluding maternity leave from service calculation was discriminatory against women employees, violating constitutional articles
• J&K Bank claimed that maternity leave, although sanctioned, does not constitute active service, and the policy for promotion requires seven years of “actual regular service”
• The High Court dismantled the bank’s stance, emphasising that any employee on sanctioned leave is deemed to be in service, including maternity leave