JUDGMENT : Mansoor Ahmad Mir, J. 1. Ms. Alpana writ petitioner in CWP No. 3363 of 2009 had invoked the jurisdiction of this Court for quashing Office Memorandum dated 31.7.2009, Annexure P3 and order dated 2.9.2009 Annexure P4, on the grounds taken in the memo of writ petition. 2. The case of the writ petitioner is that as per law and the Rules occupying the field, all the female contractual employees are entitled to maternity leave at par with the regular employees and that is why their maternity leaves were enhanced from 84 days to 135 days in terms of Annexure P3. The petitioner while working as Lecturer, on contract basis, had availed maternity leave. The leave availed by her was duly sanctioned in her favour. Subsequently, vide Office Memorandum Annexure P3, appended with the writ petition as also letter dated 2nd September, 2009 Annexure P4, it was decided to grant only 12 weeks (84 days) maternity leave to the female employees working on contract basis and earlier instructions Annexure P2 were withdrawn by the respondent. Thus, the petitioner had sought writ of certiorari for quashing Annexures P3 and P4 commanding the respondents-State to provide all the female contractual employees 135 days materiality leave to which regular employees are entitled to. It is apt to reproduce reliefs claimed in the writ petitions filed by Ms. Alpana herein: ? (a) That the order dated 2.9.2009 (Annexure P-4) effecting recovery of alleged over payment made to the petitioner on account of availing Maternity leave of 135 days may kindly be quashed by way of issuance of writ in the nature of certiorari. (b) That the office Memorandum dated 31.7.2009 (Annexure P-3) may also be quashed.? 3. The Writ Court, after considering the case of the petitioner, quashed the impugned order restraining the State from effecting recovery from the petitioner. 4. Ms. Sudesh Kumari, writ petitioner in another writ petition, after noticing the judgment, also filed CWP No. 1617 of 2014 for the grant of same reliefs. 5. 3. The Writ Court, after considering the case of the petitioner, quashed the impugned order restraining the State from effecting recovery from the petitioner. 4. Ms. Sudesh Kumari, writ petitioner in another writ petition, after noticing the judgment, also filed CWP No. 1617 of 2014 for the grant of same reliefs. 5. It is also apt to reproduce reliefs claimed by writ petitioner Sudesh Kumar in the writ petition herein: ?1.That the writ of certiorari to quash Annexure P1 dated 31st July, 2009 (office memorandum) and specially annexure P-4 by which Annexure P-3 office order of dated 10.3.2009 vide which the maternity leave to the contractual employees was enhanced from 85 days to 135 days on the ground that there cannot be any discrimination between the regular and contractual employees, has been withdrawn. 2. Issue a writ of mandamus directing the respondent's authorities to extend the Maternity leave to present petitioner for 135 days.? 6. The said writ petition was also granted in favour of the petitioner, in terms of the judgment passed in Alpana's case in CWP No.3363/2009, supra. 7. The State has questioned both these judgments by the medium of these LPAs, on the grounds that the petitioners were not entitled to maternity leave at par with the regular employees and the judgments made by the Writ Courts are not legally sustainable. The argument advanced by the learned Advocate General is not tenable for the following reasons. 8. In law, there is no difference between a female regular employee and a contractual employee/ ad hoc employee because a female employee whether regular, temporary or ad hoc, is a female for all intents and purposes and she has a matrimonial home, matrimonial life, and after conception, she has to undergo the entire maternity period, same treatment, pains and other difficulties which a regular employee has to undergo. Thus, there is no occasion for making discrimination and if, less period of maternity leave is granted to a contractual employee, it will amount to discrimination, in terms of Article 14 of the Constitution of India. 9. The claim of maternity leave is founded on the grounds of fair play and social justice. There cannot be discrimination and if any discrimination is made, it is in breach of Articles 14 and 15 of the Constitution. 9. The claim of maternity leave is founded on the grounds of fair play and social justice. There cannot be discrimination and if any discrimination is made, it is in breach of Articles 14 and 15 of the Constitution. Articles 41, 42, and 43 deals with the subject and we deem it appropriate to reproduce the said Articles herein: ?41.Right to work, to education and to public assistance in certain cases.- The State shall, within the limits of its economic capacity and development, make effective provision for securing the right to work, to education and to public assistance in cases of unemployment, old age, sickness and disablement, and in other cases of undeserved want. 42. Provision for just and humane conditions of work and maternity relief.- The State shall make provision for securing just and humane conditions of work and for maternity relief. 43. Living wage, etc., for workers.- The State shall endeavour to secure, by suitable legislation or economic organization or in any other way, to all workers, agricultural, industrial or otherwise, work, a living wage, conditions of work ensuring a decent standard of life and full enjoyment of leisure and social and cultural opportunities and, in particular, the State shall endeavour to promote cottage industries on an individual or cooperative basis in rural areas.? 10. In case titled Municipal Corporation of Delhi v. Female Workers and anr. (2000) 3 SCC 224 , it has been held as under: ?27. The provisions of the Act which have been set out above would indicate that they are wholly in consonance with the Directive Principles of State Policy, as set out in Article 39 and in other Articles, specially Article 42. A woman employee, at the time of advanced pregnancy cannot be compelled to undertake hard labour as it would be detrimental to her health and also to the health of the foetus. It is for this reason that it is provided in the Act that she would be entitled to maternity leave for certain periods prior to and after delivery. We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular women employees to the benefit of maternity leave and not to those who are engaged on casual basis or on muster roll on daily wage basis. 28. We have scanned the different provisions of the Act, but we do not find anything contained in the Act which entitles only regular women employees to the benefit of maternity leave and not to those who are engaged on casual basis or on muster roll on daily wage basis. 28. The Industrial Tribunal, which has given an award in favour of the respondents, has noticed that women employees have been engaged by the Corporation on muster roll, that is to say, on daily wage basis for doing various kinds of works in projects like construction of buildings, digging of trenches, making of roads, etc., but have been denied the benefit of maternity leave. The Tribunal has found that though the women employees were on muster roll and had been working for the Corporation for more than 10 years, they were not regularized. The Tribunal, however, came to the conclusion that the provisions of the Maternity Benefit Act had not been applied to the Corporation and, therefore, it felt that there was a lacuna in the Act. It further felt that having regard to the activities of the Corporation, which had employed more than a thousand women employees, it should have been brought within the purview of the Act so that the maternity benefits contemplated by the Act could be extended to the women employees of the Corporation. It felt that this lacuna could be removed by the State Govt. by issuing the necessary notification under the Proviso to Section 2 of the Maternity Act. This Proviso lays down as under : "Provided that the State Government may, with the approval of the Central Government, after giving not less than two month's notice of its intention of so doing, by notification in the Official Gazette, declare that all or any of the provisions of this Act shall apply also to any other establishment or class of establishments, industrial, commercial, agricultural or otherwise." 29…… 30. We appreciate the efforts of the Industrial Tribunal in issuing the above directions so as to provide the benefit of the Act to the muster roll women employees of the Corporation. This direction is fully in consonance with the reference made to the Industrial Tribunal. The question referred for adjudication has already been reproduced in the earlier part of the judgment. This direction is fully in consonance with the reference made to the Industrial Tribunal. The question referred for adjudication has already been reproduced in the earlier part of the judgment. It falls in two parts as under : (i) Whether the female workers working on muster roll should be given any maternity benefit ? (ii) If so, what directions are necessary in this regard. 31-32…….. 33. A just social order can be achieved only when inequalities are obliterated and everyone is provided what is legally due. Women who constitute almost half of the segment of our society have to be honoured and treated with dignity at places where they work to earn their livelihood. Whatever be the nature of their duties, their avocation and the place where they work; they must be provided all the facilities to which they are entitled. To become a mother is the most natural phenomena in the life of a woman. Whatever is needed to facilitate the birth of child to a woman who is in service, the employer has to be considerate and sympathetic towards her and must realise the physical difficulties which a working woman would face in performing her duties at the work place while carrying a baby in the womb or while rearing up the child after birth. The Maternity Benefit Act, 1961 aims to provide all these facilities to a working woman in a dignified manner so that she may overcome the state of motherhood honourably, peaceably, undeterred by the fear of being victimised for forced absence during the pre or post-natal period.? 11. In Ms. Sonika Kohli & Anr. vs. Union of India reported in 2004 (3) SLJ 54 CAT, it has been held in paras 12 and 13, the relevant portion of which is quoted as under: ?12. An almost a new point of controversy has been raised with regard to the admissibility of maternity leave to female teachers. In some of the O.As. it has been prayed that the benefit of maternity leave, which has hitherto been denied by the respondent- Administration, be directed to be extended in accordance with the rules. Mr. An almost a new point of controversy has been raised with regard to the admissibility of maternity leave to female teachers. In some of the O.As. it has been prayed that the benefit of maternity leave, which has hitherto been denied by the respondent- Administration, be directed to be extended in accordance with the rules. Mr. R.P. Bali, learned Counsel for some of the applicants urged that the action of the respondents in denying the benefit of maternity leave like other regular employees is violative of the principles enshrined in Articles 14 and 15 of the Constitution of India as it denies the benefit of beneficial provisions of law to a female teacher. Mr. N.K. Bhardwaj, learned Counsel for the Administration urged that maternity leave is not admissible to contract employees as they are not covered by the Punjab CSR Vol.1, Part-1. According to him, the benefit of maternity leave with pay is payable to permanent/regular female employees and that the Administration is justified in carving out a distinction between the regular female teachers and the teachers appointed on part time or contract basis, as is in the present case. Let us examine the respective contentions of the parties. 13. The claim for maternity leave is founded on grounds of fair play and social justice. Before the advent of the Constitution and for a sufficiently long time, thereafter it was customary or say traditional for women to stick to their homes but now they seek various jobs so as to attain economic independence by utilizing their talent, education, industry etc. Sometimes the jobs are taken up by them to overcome economic hardship. For a woman to become a mother is most natural phenomenon in her life. Whatever is needed to facilitate the birth of a child to a women who is in service, the employer has to be considerate and sympathetic towards her and must realize the physical difficulties which a working women would face in performing her duties at work place while carrying a baby in the womb or while bearing a child after birth. Whatever is needed to facilitate the birth of a child to a women who is in service, the employer has to be considerate and sympathetic towards her and must realize the physical difficulties which a working women would face in performing her duties at work place while carrying a baby in the womb or while bearing a child after birth. Our constitution which, in its preamble, promises social and economic justice, enshrines certain radical provisions in the form of Articles 42 and 43 which deal with the just and humane conditions of work and maternity relief as well as living wage conditions of work ensuring a decent standard of life, and full enjoyment of leisure and social and cultural opportunities. These principles are required to be followed by the State as enjoined by Article 39. In the background of these Articles, the Parliament has enacted Maternity Benefit Act, 1961 (Act No. 53 of 1961) with a view to regulate the employment of women in certain establishments for certain periods before and after child birth and to provide for maternity benefit and certain other benefits…………………….? 12. It is also apt to reproduce para 3 of the judgment delivered in Rattan Lal and others vs. State of Haryana and others reported in 1985 (3) SLR 548 . ?3. We strongly deprecate the policy of the State Government under which 'ad hoc' teachers are denied the salary and allowances for the period of the summer vacation by resorting to the fictional breaks of the type referred to above. These 'ad hoc' teachers shall be paid salary and allowances for the period of summer vacation as long as they hold the office under this order. Those who are entitled to maternity or medical leave shall also be granted such leave in accordance with the rules.? 13. The Jammu and Kashmir High Court in case titled Tasneem Firdous vs. State and others reported in 2006 (II) S.L.J 699, held that the employees working on contractual basis are also entitled to maternity leave. The relevant portion of para 6 of the judgment is reproduced as under: ?6. 13. The Jammu and Kashmir High Court in case titled Tasneem Firdous vs. State and others reported in 2006 (II) S.L.J 699, held that the employees working on contractual basis are also entitled to maternity leave. The relevant portion of para 6 of the judgment is reproduced as under: ?6. In subjective context the matter assumes a larger dimensions because it overflows the contours of an individual case or a singular instance and almost borders on the rights of women and obligation of the State to protect and preserve them, to which, besides statutory constitutional considerations, the international covenants also bind the government. Reference in this behalf may be made to ?Convention on the Elimination of all Forms of Discrimination against Women? 61dopted by Community of nations on 18.12.1979 to which government of India too is a signatory…………? 14. In paras 6 and 37 of the judgment in Municipal Corporation of Delhi v. Female Workers and anr. (2000) 3 SCC 224 , supra, while considering the constitutional contours of the matter, the Hon'ble apex Court observed as under: ?6……….. It is in this background that we have to look to our Constitution which, in its Preamble, promises social and economic justice. We may first look at the Fundamental Rights contained in Chapter III of the Constitution. Article 14 provides that the State shall not deny to any person equality before law or the equal protection of the laws within the territory of India. Dealing with this Article vis-a-vis the Labour Laws, this Court in Hindustan Antibiotics Ltd. v. Workmen, AIR 1967 SC 948 : 1967 (1) SCR 652 , has held that labour to whichever sector it may belong in a particular region and in a particular industry will be treated on equal basis. Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Clause (3) of this Article provides as under :- " (3) Nothing in this article shall prevent the State from making any special provision for women and children". 7-36………. 37…………..?2. Article 15 provides that the State shall not discriminate against any citizen on grounds only of religion, race, caste, sex, place of birth or any of them. Clause (3) of this Article provides as under :- " (3) Nothing in this article shall prevent the State from making any special provision for women and children". 7-36………. 37…………..?2. In order to prevent discrimination against women on the grounds of marriage or maternity and to ensure their effective right to work, States Parties shall take appropriate measures : (a) To prohibit, subject to the imposition of sanctions, dismissal on the grounds of pregnancy or of maternity leave and discrimination in dismissals on the basis of marital status; (b) To introduce maternity leave with pay or with comparable social benefits without loss of former employment, seniority or social allowances; (c) To encourage the provision of the necessary supporting social services to enable parents to combine family obligations with work responsibilities and participation in public life, in particular through promoting the establishment and development of a network of child-care facilities; (d) To provide special protection to women during pregnancy in types of work proved to be harmful to them. 3. Protective legislation relating to matters covered in this article shall be reviewed periodically in the light of scientific and technological knowledge and shall be revised, repealed or extended as necessary." 15. Having said so, the office memorandum dated 31.7.2009 and circular dated 2.9.2009, made by the State are quashed and all female employees whether on contract, ad hoc, permanent and temporary are held entitled to materiality leave at par with the regular employees. 16. For the reasons discussed herein above, the LPAs are dismissed along with pending applications, if any.