JUDGMENT :

TARLOK SINGH CHAUHAN, J.

1. The short question that arises for consideration in this petition is whether a woman employee working as Language Teacher on contract basis with the Government is entitled to avail maternity leave even in case where she gets the child through arrangement by surrogate parents?

2. The petitioner joined as a Language Teacher on contract basis and is currently posted at Government Senior Secondary School, Showad, District Kullu. The petitioner was blessed with a baby on 10.09.2020 through surrogacy treatment from Fortis La Femme Hospital S-549 Alknanda Don Bosco Road, Greater Kailash II, New Delhi. The petitioner had applied for maternity leave to the Principal, Government Senior Secondary School, Showad, District Kullu( respondent No.4), who in turn forwarded the same to 3rd respondent i.e. Deputy Director, Higher Education, Kullu, seeking clarification as to whether the petitioner is entitled for maternity leave on surrogacy. However, no action whatsoever was taken on the application of the petitioner, constraining her to file the instant petition, seeking therein a direction to the respondents to sanction/grant the maternity leave to the petitione