JUDGMENT :

Ramesh Ranganathan, J.

Heard Sri Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand and Sri Sanpreet Singh Ajmani, learned counsel for the respondent-writ petitioner and, with their consent, the Special Appeal is disposed of at the stage of admission.

2. We may at the outset note the submission of Sri Paresh Tripathi, learned Chief Standing Counsel for the State of Uttarakhand, that the appellant is concerned more with the effect of the declaration of law, by the learned Single Judge, to future cases; and they have no intention of recovering whatever benefit the State has already extended to the respondent-writ petitioner.

3. In the light of the submissions, urged on behalf of the State Government, by Sri Paresh Paresh Tripathi, learned Chief Standing Counsel, we shall proceed to examine the validity of the order under appeal.

4. The first respondent herein filed Writ Petition (S/S) No. 1778 of 2015 seeking a writ of certiorari to quash the letter issued by the second respondent; for a writ of mandamus commanding the respondents to grant maternity leave and benefits to the petitioner as per the Maternity Benefits Act,1961 (for short the 1961 Act'); a