Jammu, Sept 14: In WP(C) No. 2350/2023 CM No. 5493/2023 titled Sheetal Dogra V/s Union Territory of J&K & anr. after hearing HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE ORDERED as;-
1. The petitioner was selected and appointed as Registrar in the Department of Obsts. and Gynae in Government Medical College, Udhampur vide order dated 23.01.2023.
The petitioner applied for maternity leave with effect from 01.05.2023 to 31.10.2023 vide her application dated 29.04.2023.
2. The respondent No. 2, without taking decision on the leave of the petitioner, directed the petitioner to join her duties within one week, failing which, her appointment would be terminated as she is not entitled to more than 30 days leave vide notice dated 31.08.2023.
3. The contention of the petitioner is that she delivered a baby on 09.06.2023 and thereafter, she was not in a position to resume her duties, there, she applied for grant of maternity leave and is also entitled to 180 days leave as provided to permanent female employees in terms of J&K Civil Services (Leave) Rule, 1979.
4. Notice.
5. Ms. Saliqa Sheikh, learned assisting counsel to Mr. Raman Sharma, learned AAG accepts notice on behalf of respondents. She seeks and is granted four weeks’ time to file reply.
6. List on 16.10.2023.
7. Meanwhile, subject to objections from the other side and till next date of hearing before the Bench, impugned order qua the petitioner’s termination shall stay. Alteration/modification on laying motion.
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