- (1.)PETITIONER has been appointed as Medical Officer (ISM) under NRHM Scheme in the year 2008 and is posted in District Kulgam. Petitioner is continuing in service as a contractual employee.
(2.)PETITIONER on 01.10.2012 applied for grant of maternity leave in her favour. It is pleaded that the petitioner was admitted as inpatient in Sabharwal Hospital, New Delhi and delivered the child on 04.10.2012. It is further pleaded that 40 days maternity leave has been sanctioned in favour of the petitioner. The petitioner has submitted application on 12.11.2012 for extension of maternity leave. The application has been forwarded by respondent no. 4 to respondent no. 3. The respondent no. 3 has not taken any decision on the leave application of the petitioner which has constrained her to file this petition.
Maternity leave is granted under Chapter V of the J&K Civil Services (Leave) Rules, 1979 (for short Rules of 1979 ') to the permanent female employees of the State of J&K. The object sought to be achieved by providing a definite period in terms of Rules of 1979 as maternity leave is both for the benefit of the mother and the new born baby. The female employees appointed on contractual basis cannot be discriminated by the respondents in denying the same treatment in the matter of grant of maternity leave as is being given to the permanent female employees of the State of J&K. It is the child who requires constant care and vigil on the part of the mother. The child born to a permanent female employee and the contractual female employee would constitute one class under law. The child cannot be discriminated against by drawing a dividing line between the permanent female employees and those who are appointed on contract basis. The child in both the cases has to be treated uniformly. Even the mothers who give birth to the children also form one class and cannot be subjected to discrimination simply on the basis that one mother is permanent employee of the Government and the other is working on contractual basis. The respondents would be under Constitutional obligation to give uniform treatment to such type of mothers and children in the matter of grant of maternity leave and other related leaves.

(3.)LEARNED counsel for the petitioner has referred to the judgment of Hon 'ble the Supreme Court delivered in case Municipal Corporation of Delhi v. Female Workers (Muster Roll) and another reported in (2000) Vol. III SCC 224. The Hon 'ble Supreme Court, while referring to the "convention on the Elimination of all Forms of Discrimination against women " has stated that Article 11 of the said Convention has to be read as part of the Service Contract of the woman employee.