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2026 DAILYLAW 3545 (JK)

MEHAK REYAZ AND OTHERS v. UNION TERRITORY OF J AND K AND OTHERS (HEALTH AND MEDICAL EDUCATION)

WP(C)/2173/2026 · 2026-09-26

Rajnesh Oswal

Writ Petition (Civil)body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 49 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR WP(C) 2173/2026 CM(5905/2026) . MEHAK REYAZ AND OTHERS. …Petitioner/Appellant(s) Through: Mr. Hakim Suhail Ishtiyaq, Adv. VERSUS UNION TERRITORY OF J AND K AND OTHERS (HEALTH AND MEDICAL EDUCATION). Through: Mr. Faheem Shah, GA. …Respondent(s) CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE. ORDER 26.09.2026 1. Heard learned counsel for the parties. 2. Mr. Hakim Suhail Ishtiyaq, learned counsel appearing for the petitioners has submitted that the controversy involved in the present petition is squarely covered by the judgment of this Court rendered in Dr. Sonakshi Gupta and Ors vs UT of J&K and Ors (WP(C) No. 3509/2025 decided on 10-07-2026), and as the same order has been impugned by the petitioner in the present petition, therefore, the present petition be allowed in terms of the judgment rendered by this Court in the above mentioned case. 3. Per contra, Mr. Faheem Shah, Government Advocate, has submitted that the petitioners were holding the tenure post and on account of maternity/paternity leave availed by the petitioners, as the case may be, their tenure was accordingly extended. He further submits that the petitioners were not entitled to the monetary benefit for the period they were granted maternity/paternity leave, and the petitioners have been paid for the period the tenure was extended. 4. This Court has already determined the issue and while placing reliance upon the judgment of the Division Bench in case titled Jammu and Kashmir Bank Ltd. and Ors. Vs Tanu Gupta, had quashed the communication dated 14-10-2025. Though, in the said judgment this Court has dealt with the matter exclusively in the context of maternity leave but, nonetheless, in the operative part of the judgment the communication dated 15-10-2025 impugned therin, to the extent of denying the benefit of pay and allowances to the petitioners therein during the period of maternity/paternity leave, was quashed. 5. On the same analogy, this writ petition is allowed and the communication dated 14-10-2025 is quashed and the respondents are directed to grant full pay and allowances to the petitioners during the period of maternity/paternity leave, as the case may be, and also during the extended period of the residency, corresponding to the number of days of leave availed by the petitioners. 6. Disposed of. (Rajnesh Oswal) Judge SRINAGAR 26.09.2026 Sarvar