AALIYA TABASUM Vs. STATE OF J. & K.

JUDGEMENT

(1.) The petitioner was appointed as stipendiary Senior Resident in the specialty of Gynaecology and Obstetrics in Sher-i-Kashmir Institute of Medical Sciences, Soura, Srinagar, (for short, 'SKIMS'). The case of the petitioner is that she had applied for maternity leave but was granted forty five days' leave with rider to resume her duties on expiry thereof. The petitioner states that, as a Government servant, governed by the Rules and Regulations framed by the Government in this behalf, which include Leave Rules, she was entitled to 180 days' Maternity Leave in terms of SRO 225 dated 11th July, 2012 [Refer 2012 (16) JKS JK-51]. Precisely, the case of the petitioner is that she was entitled to Maternity Leave for 180 days with full pay. It is submitted that since the Respondent-SKIMS has denied the said benefit to her, she has been meted with both hostile as well invidious hostile discrimination thereby denying her right to equality enshrined in the Constitution of India. Accordingly, it is prayed that the communication dated 11.08.2012 addressed to the petitioner by the respondent No. 3 be quashed and the respondents be directed to allow her to complete the tenure period as stipendiary Senior Resident in the Respondent-SKIMS in terms of the order dated 24.02.2011.

(2.) Respondents have resisted the writ petition on the ground that the petitioner is governed by the rules which are applicable to the employees of the SKIMS, the details of which have been given in paragraphs 5 & 6 of the counter.

(3.) I have heard learned counsel for the parties and considered the matter.