HC: Availing maternity leave during probation does not result in 'break in service', Read Judgment

 

The High Court of Jammu & Kashmir and Ladakh in a bench comprising the Hon’ble Justice Sanjeev Kumar held that deeming the maternity leave period as a 'break-in service' constitutes a violation of Article 14 and Article 16 of the Constitution of India by employers.

Brief Facts of the Case:

Six Banking Associates have questioned the Respondent Bank's decision to treat their maternity leave as a "break in service" and declare them ineligible for promotion to the Assistant Manager Cadre through the "Seniority-cum-Normal/Screening Channel." The Bank allowed maternity leave during their probation time. However, the Petitioners were advised that this would result in their probation period being extended and them being ranked lower than their batchmates. The batchmates were confirmed in the bank's service after six months of probation. The bank invited qualified Banking Associates to apply for promotion via the People System. However, the eligibility period for the "Seniority-cum-Normal/Screening Channel" was three years, and the Petitioners were only proven to be eligible under the "Fast Track cum-Normal/Screening Channel."

Contentions of the Petitioner:

The Petitioners contend that the respondent Bank's decision not to count maternity leave as a 'Break in Service' breaches Articles 14 and 16 of the Indian Constitution. They claim that the ruling subjected the petitioners to hostile discrimination based on gender and breached the equality principle. They also contend that the J&K Bank Officers Service Manual, 2000 does not provide for such pauses in service, rendering the bank's exclusion of maternity leave from counting the petitioners' service as Banking Associates for promotion to the Assistant Manager Cadre unlawful.

Contentions of the Respondent:

The Respondent Bank filed an opposition to the writ petition, arguing that maternity leave is not considered regular service in the BAS cadre and should be excluded from the seven years of regular service required for promotion through the "Seniority-cum-Normal/Screening Channel" during probation.

Observations of the Court:

The Bank's policy for promoting Banking Associates to Assistant Manager Cadre is governed by the Policy for Promotion of Workmen, which defines eligibility and qualifications for advancement from Banking Associate to Assistant General Manager Cadre (JMGS-I) Officer Cadre. All Banking Associates who have successfully completed three years of regular employment as of the 31st March of the preceding fiscal year can participate in the promotion process up to three times through the Fast Track/Merit channel. The Petitioners assert their entitlement to participate in the promotion process through the Seniority-cum-Selectivity Channel despite taking maternity leave for varying lengths during their probation.

The Decision of the Court:

The Respondent Bank's decision to deduct leave during probation while considering seven years of service for a Banking Associate for promotion under Seniority cum Selectivity Channel is illegal, arbitrary, and violative of Articles 14 and 16 of the Constitution of India. The Bank's Policy for Promotion of Workmen does not specify such conditions. The Petitioner, having over seven years of actual service, is entitled to participate in the promotion process for JMGS Scale-I Officers Cadre under Seniority cum Selectivity Channel.

Case Title: Shafakat and Ors. vs. Jammu and Kashmir Bank and Ors.

Coram: Hon’ble Mr. Justice Sanjeev Kumar

Case No.: WP(C) 3100/2023, CM (7377/2023)

 

Advocate for Petitioner: Adv. Jahangir Ahmad Ganai, Adv.Ms. Mehnaz Rather

Advocate for Respondent: Adv. Adil Asimi

 (With input from news agency language)
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