1. These Writ Petitions are filed seeking directions to the respondents to grant six months Maternity leave to the petitioners as is being granted to the State Government employees.

2. Petitioner in W.P.(C) No.39828/17 is a Programme Manager in Additional Skill Acquisition Programme under the Higher Education Department of the Government of Kerala. She was initially appointed on contract basis for a period of one year from 21.9.2014. The period of contract has been extended twice and the petitioner is still continuing in service. The petitioners in W.P.(C) Nos.30561/2017 and 40564/2017 are Resource teachers working in Government Schools in the State of Kerala on contract basis. It is stated that they are working under the Inclusive Education for Disabled Secondary Stage under the Rashtriya Madhyamik Shiksha Abhiyan of the MHRD. It is contended that the petitioners, who are women employees, had applied for maternity leave during the period of their employment. In W.P.(C).No.39828/2017, the petitioner was granted maternity leave of 135 days and was required to return duty on the expiry of the said period of 135 days. The petitioner contended that going by the provisions of the Kerala Service Rules (K.S.R.) as well as the provisions of the Maternity Benefit Act, 1961, every woman employee working in any establishment is entitled to maternity leave of 180 days. It is contended that the petitioner is entitled to the said period of leave. The petitioner had been permitted to continue on leave in terms of judgment in W.A.No.2594/2017 dated 18.12.2017. In the other two Writ Petitions, the petitioners had sought maternity leave for 180 days, but they have been told that they are entitled maternity leave only for 12 weeks and the extension of leave cannot be considered on the basis of the orders in force.

3. Heard learned counsel for the petitioners and the learned Government Pleaders.

4. It is submitted by the learned counsel for the petitioners that the provisions of the Kerala Service Rules as well as the Maternity Benefit Act, 1961 and the service rules applicable to Government servants of the Central Government, provide for grant of maternity leave extending to 26 weeks. It is contended that the grant of maternity leave being in the nature of welfare legislation, the contention of the respondents that the benefit of 26 weeks of maternity leave is not to be granted to employees of the Central Government funded projects under the Education Department of the Government of Kerala because the projects are not notified establishments going by the provisions of the Maternity Benefit Act cannot be countenanced.

5. Relying on a decision of this Court in Mini v. Life Insurance Corporation of India (2018 (1) KLT 530), the learned counsel for the petitioners contends that the grant of leave to fulfill essential maternal obligations involves an essential human rights issue and that the State is duty bound to address the special needs of women employees working in the organised and unorganised sectors. The State has a responsibility to see that a restricted meaning is not given to welfare legislation so that rights of women employees to avail leave is restricted. It is stated that the right to maternity leave is an essential element of the fundamental right to life as far as a woman employee is concerned and the issue has to be seen in the context of Articles 14, 15 and 16 of the Constitution of India. It is stated that a woman employee cannot be discriminated on account of compelling family responsibilities and that the said aspects of the matter are also to be taken into account while considering the issue of grant of maternity leave.

6. A detailed counter affidavit has been placed on record by the learned Government Pleader in W.P.(C).No.39828/2017 contending that the petitioners’ engagement is under the Additional Skill Acquisition Programme (ASAP), which is a joint initiative of General Education and Higher Education Departments and th