SHAMPA CHOWDHURI Vs. THE STATE OF WEST BENGAL

JUDGEMENT

(1.) The writ petitioner prayed for Child Care Leave by an application to the school made on 8th February, 2019 for 'at least 15 days'. The ground for taking such leave is for the petitioner to prepare her elder son for his annual examination in class-VI for the 2018-2019 session scheduled to commence on 15th February, 2019. The petitioner is an Assistant Headmistress of the concerned school.

(2.) Learned counsel appearing for the petitioner relies on a communication dated 8th February, 2019 which contains a note by the Headmistress of the School whereby the petitioner's application for Child Care Leave has been rejected on the ground of a resolution of the Managing Committee dated 19th May, 2019 and on the ground of "directions from official of Central Committee". The date of the resolution taken by the Managing Committee has subsequently been changed to 19th May, 2018. The Assistant Headmistress states that the earlier date had been put in by mistake.

(3.) Counsel relies on a communication issued by the Deputy Secretary of the West Bengal Board of Secondary Education dated 10th April, 2018 stating, inter alia, that the petitioner's prayer was not forwarded by the School Authority and that as per notification dated 1st December, 2018, Child Care Leave can only be sanctioned by the Board during Madhyamik Pariksha. The petitioner's prayer for leave was rejected on that basis. The petitioner is aggrieved since the petitioner's salary has been deducted for the period for which the petitioner enjoyed Child Care Leave that is from 12th February, 2019 to 26th February, 2019.