HIGH COURT OF UTTARAKHAND AT NAINITAL Writ Petition No. 239 of 2025 (S/S) Shabana Bano ….......Petitioner Vs. State of Uttarakhand and Others …..... Respondents Present : Mr. Dinesh Gahatori, Advocate for the petitioner. Mr. Ganesh Kandpal, D.A.G. for the State. JUDGMENT Hon’ble Ravindra Maithani, J. (Oral) The petitioner claims maternity leave salary for the period in which she was on maternity leave, i.e. between 05.09.2022 and 02.03.2023 with interest. 2. Heard learned counsel for the parties and perused the record. 3. It is the case of the petitioner that she was appointed as Guest Teacher in Government Inter College, Pashya, Okhalkanda, District Nainital; she applied for maternity leave from 05.09.2022 to 02.03.2023, which was sanctioned by the competent authority with salary. Despite that, she has not been paid salary to which she is entitled in view of the Government Order dated 11.09.2023, which even entitles maternity leave to the daily wagers and outsource employees. 2 4. Respondents-State has filed counter affidavit. According to it, in view of the Government Order No. 1023, dated 22.11.2018, salary will be admissible for the period during which the work has been done, and it is also the case of the respondents-State that pursuant to the Government Order dated 12.09.2016, the petitioner is not entitled to get salary for the period during which she was on maternity leave. 5. Learned counsel for the petitioner submits that the petitioner is entitled to get the salary pursuant to the Government Notification dated 11.09.2023; similar controversy has already been decided by this Court in WPSS No.371 of 2023, Smt. Priyanka Vs. State of Uttarakhand and Others, on 29.02.2024. 6. Learned State Counsel admits that the matter is squarely covered by the judgment dated 29.02.2024, passed by this Court in WPSS No.371 of 2023, Smt. Priyanka Vs. State of Uttarakhand and Others. 7. In the case of Smt. Priyanka (supra), this Court has held that, “by virtue of Government Order dated 11.09.2023 of the State of Uttarakhand, the benefit of maternity leave has already been granted even to daily wager engaged by the State or through outsourcing 3 agency.” This issue has already been decided. Therefore, this Court is of the view that the instant petition deserves to be allowed. 8. The writ petition is allowed. 9. The respondents are directed to pay salary to the petitioner for the period between 05.09.2022 and 02.03.2023, when the petitioner was on maternity leave. The petitioner shall also be entitled to get interest at the rate of 6 per cent per annum on this amount. (Ravindra Maithani, J.) 02.07.2025 Ravi Bisht