Srinagar, Dec 16: In a significant ruling, the Jammu and Kashmir and Ladakh High Court has maintained an approved leave of any nature – maternity or otherwise – shouldn’t be considered as a service break and that the employee should be considered as being in active service.
The court clarified that the act of taking leave, irrespective of its kind, does not constitute a break in service nor does it lead to a reduction in the overall length of service rendered by the employee by the duration of the leave taken.
Justice Sanjeev Kumar made these observations in the case of six female banking associates who were denied consideration for promotion to the Assistant Manager Cadre because the J&K Bank had deducted their maternity leave period from their total service, reported Live Law.
