Hon’ble Sudhanshu Dhulia, J. (Oral)

The petitioner before this Court is a Lab Technician in a Government Hospital and working on a contractual basis. She is a married woman and on the family way. The petitioner sought maternity leave from 15.06.2016 to 05.12.2016. Presently, the petitioner is taking rest in her residence though technically she has not been sanctioned the leave.

2. The case of the respondents is that since the petitioner is a contractual employee, she is not entitled for maternity leave. This issue for the same hospital in which the petitioner is working has already been decided by this Court in WPSS No. 826 of 2012 (Smt. Indu Joshi Vs. State of Uttarakhand and another). The learned counsel for the petitioner relies upon a judgement of the Hon’ble Apex Court in the case of Municipal Corporation of Delhi v. Female Workers (Muster Roll) and another reported in (2000) 3 SCC 224, wherein it has been held that even the contractual employee is entitled for maternity leave.

3. Learned State Counsel Mr. B.P.S. Mer fairly admits that this matter is squarely covered by the decision of this Court in the case of Smt. Indu Joshi v. State of Uttarakhand and another a