Sudhanshu Dhulia, J.

1. The petitioner is a woman, presently employed in a Government Medical College at Haldwani, Nainital known as “Dr. Shushila Tewari Government Medical College. She has been continuing in service since the year 2006 in the said hospital, though on a contractual basis. Her contract period is for one year and since 2006 it is being renewed every year. It may also be necessary to mention here that earlier the said medical college was being run by a trust and on 30.4.2010 the Government of Uttarakhand has taken over the said medical college and it is now being run as a government medical college.

2. For the first time in her service, the petitioner went on maternity leave from 17.5.2012 to 12.11.2012. Subsequently, petitioner has joined her services and is presently serving at said medical college. The petitioner claims maternity leave for the said period, which was denied to her on the grounds that the petitioner is only a contractual worker and such benefit of maternity leave is only given to a permanent government employee. It is this stand of the State Government, which is presently under challenge before this Court, as the petitioner claims that she is l