Rajiv Sharma, J.

Petitioner was appointed as a Doctor in the Community Health Center, Gangolihat, Pithoragarh in Ayush Wing on contractual basis w.e.f. 18.06.2008. Her contract was renewed every year. The honorarium of the petitioner was enhanced from Rs.15,000/-per month to Rs. 24,000/-per month. Petitioner has gone on leave. She applied for maternity leave w.e.f. 01.01.2014 to 31.03.2014, however, the same was not granted to her. The petitioner also made representation on 11.12.2014.

2. No counter affidavit has been filed by the State but learned counsel on behalf of the State has vehemently argued that since, the petitioner was appointed on contractual basis, she was not entitled for maternity leave.

3. However, the fact of the matter is that maternity leave was not sanctioned and feeling aggrieved, she approached this Hon’ble Court for grant of maternity leave w.e.f. 01.01.2014 to 31.03.2014.

4. It would be apt at this stage to reproduce Section 5 of the Maternity Benefit Act, 1961.

“5. Right to payment of maternity benefit-

[(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of maternity benefit at