PAMMI NATH (SMT) Vs. SCHOOL EDUCATION DEPARTMENT

JUDGEMENT

(1.) This writ petition has been filed by the petitioner who is working as Senior Teacher under Adhyapak Samvarg challenging the order dated 24.10.2017 passed by the District Education Officer, whereby the child care leave has been denied to the petitioner on the ground that the rule relating to child care leave is not applicable to the Adhyapak Samvarg.

(2.) Having heard the learned counsel for the parties and on perusal of the record, it is noticed that this issue has been examined in detail in the matter of Smt. Nita Yadav v. State of M.P and others by order dated 17.7.2017 by the coordinate Bench in W.P. No. 8455/2016 , whereby the coordinate bench while taking the view that the teachers of Adhyapak Samvarg are entitled to the Child Care Leave has held as under:-

(3.) It has fairly been pointed out that another coordinate bench having regard to the provisions of Maternity Benefit Act in the matter of Smt. Brijlata Sharma v. State of M.P. vide order dated 11.7.2017 in W.P. No. 9347/2017 has held even the contractual employee/teachers to be entitled to the benefit of child care leave by holding as under:-