JUDGMENT 1. - While holding the post of Ancillary (Auxiliary) Nurse Midwife at Primary Health Center, Lunasara, the petitioner availed maternity leave from 07th August, 2006 to 19th December, 2006. The respondents denied for encashment of leave on the count that the petitioner was employed on contract basis, therefore, she is not entitled for getting maternity leave encashed. Being aggrieved by the same, this petition for writ is preferred. 2. It is contended by learned counsel for the petitioner that this Court in case of Hemlata Saraswat v. State of Rajasthan & others, reported in 2008(1) DNJ (Raj.) 302 held that persons appointed on consolidated pay on contract basis are also entitled for encashment of leave as per provisions of Rule 103 of the Rajasthan Service Rules, 1951. In the case aforesaid, this Court held that even if a person is working on contract basis under the control of the State then too maternity benefits including encashment of maternity leave is required to be made. 3. In reply to the writ petition, it is stated by the respondents that the Government of Rajasthan, at the first instance, under a notification dated 06th November, 2007 allowed maternity leave encashment, however, case of the petitioner is relating to a period prior to that and as such, she is not entitled for maternity leave encashment. According to the respondents, as per circular dated 06th November, 2007, a person working on contract basis is entitled for two months' maternity leave with remuneration and two & half months' maternity leave subsequent thereto without any remuneration. 4. Heard learned counsel for the parties. 5. The circular dated 06th November, 2007 is of no consequence in the instant matter as this Court in the case of Hemlata Saraswat (supra) has already taken a view that the persons appointed on contract basis under the State are entitled for maternity leave encashment as per provisions of Rule 103 of the Rajasthan Service Rules, 1951. The petitioner was admittedly appointed as Ancillary (Auxiliary) Nurse Midwife with the Government of Rajasthan, after facing a process of selection conducted under the chairpersonship of the Additional Collector, Nagaur and as such, her appointment was certainly under the control of the State Government. The petitioner was admittedly appointed as Ancillary (Auxiliary) Nurse Midwife with the Government of Rajasthan, after facing a process of selection conducted under the chairpersonship of the Additional Collector, Nagaur and as such, her appointment was certainly under the control of the State Government. It is also pertinent to note that the petitioner was transferred from one Primary Health Center to another Primary Health Center by various orders issued by the Chief Medical & Health Officer. In view of It, mere mention of term "contractual appointment" will not change the nature of appointment of the petitioner, which is nothing but an urgent temporary appointment as per Rule 27 of the Rajasthan Medical & Health Subordinate Service Rules, 1965. 6. This petition for writ, for the reasons mentioned above, deserves acceptance and, therefore, the same is allowed. The respondents are directed to encash maternity leave availed by the petitioner for term commencing from 06th August, 2006 to 19th December, 2006.Writ Petition Allowed - Encashment Directed. *******