Rajiv Sharma, J.

Petitioner was appointed as a Lecturer (Sociology) on contractual basis on 20.09.2010 for the academic session 2010-11. Thereafter, she was given contractual appointment for the academic sessions 2011-12, 2012-13, 2013-14 and also for the session 2014-15. She applied for maternity leave w.e.f. 07.01.2015 to 07.06.2015. However, the fact of the matter is that maternity leave was not sanctioned. Thus, she approached this Hon’ble Court for grant of maternity leave w.e.f. 07.01.2015 to 07.06.2015 with full salary.

2. The case of the respondents is that since, the petitioner was appointed on contractual basis, hence, she was not entitled for maternity leave.

3. 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 the rate of average daily wage for the period of her actual absence, that is to say, the period immediately preceding the day of her delivery, the actual day of her delivery and any period immediately following that day.]

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