JnK doctors' body urges implementation of HC order on maternity pay for resident doctors
Maternity leave
Srinagar: The J&K High Court has quashed a government order denying salary and allowances to resident doctors during maternity leave, holding that maternity benefits are a constitutional right and that motherhood cannot be penalised.
Following the court’s ruling, the Indian Medical Association Junior Doctors Network (IMA JDN) J&K has urged Health Minister Sakina Itoo to ensure immediate implementation of the directions and release pending salaries and allowances to all eligible resident doctors.
Dr Mohammad Momin Khan, Co-Convenor, IMA JDN J&K, said that the organisation had been continuously following up with senior officials regarding the issue. “We were in continuous follow-up with the higher authorities regarding this matter. Despite our repeated efforts, concerns regarding the non-payment of salaries to resident doctors on maternity leave continued. The High Court’s order has now clearly addressed the issue,” Khan said, according to Rising Kashmir.
Khan also questioned why some Government Medical Colleges (GMCs) in Jammu and Kashmir were still allegedly withholding or delaying the salaries of doctors who had availed maternity leave despite the High Court’s directions.
IMA JDN J&K Convenor Dr Rakesh Koul and General Secretary Dr Burhan Ali also supported the demand for immediate implementation of the judgment.
The High Court had last month quashed a government communication denying pay and allowances to Senior Residents and Tutors during maternity leave. The court observed that maternity benefits are a constitutional right and not an act of state charity.
The court had also criticised the Finance Department's communication as an administrative overreach, observing that the attempt to reduce public expenditure could not override constitutional safeguards protecting motherhood
The HC had then also issued directions to the Health and Medical Education Department to release full salary and allowances to the petitioners not only for the maternity leave period but also for the extended residency period corresponding to the leave available, reports Rising Kashmir.
IMA J&K maintained that maternity leave is a legitimate entitlement and that resident doctors should not face financial hardship, discrimination or professional disadvantage for exercising this right.
The organisation has urged authorities to implement the High Court’s judgment in letter and spirit across all Government Medical Colleges in Jammu and Kashmir.
“Court orders must be implemented. Justice cannot remain on paper,” the association said.
