JASHODA MISRA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) The petitioner is aggrieved by an order passed by the President of the concerned school by which the Managing Committee of the school took a decision not to grant Child Care Leave to the petitioner. This decision was passed pursuant to an order of this Court dated 26th February, 2019 by which inter alia the Headmaster and Managing Committee of the concerned school were directed to give a fresh hearing to the petitioner based on a letter dated 3rd October, 2018 and on any other materials which the petitioner wished to rely on and pass a reasoned order.

(2.) Learned counsel appearing for the petitioner relies on the staff pattern of the concerned school which shows that at present there are six teachers who teach English including the petitioner. Counsel further relies on the admit card of the petitioner's son for Madhyamik, 2019 for substantiating the fact that the petitioner was compelled to apply for Child Care Leave to attend to the unit test of her son before Madhyamik examination, 2019.

(3.) The relevant rules governing Child Care Leave are required to be mentioned at this point. This has been brought into effect by a memorandum dated 17th July, 2015 which provides inter alia that Child Care Leave for a maximum period of two years i.e. 730 days to a regular female teaching and non- teaching employee of government sponsored / non-government aided schools etc. will be presumably including the first condition that the Child Care Leave will be admissible for the entire period of service for taking care of up to two children up to 18 years of age "whether for rearing or to look after any of their needs like examination, sickness etc."