SANTONA THAKURIA Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Heard Ms. JM Konwar, learned counsel for the petitioner and Mr. JMA Choudhury, learned Standing Counsel, Health & Family Welfare Department, Assam.

(2.) By filing this petition under Article 226 of the Constitution of India, petitioner seeks quashing of recommendation of the Principal -cum -Chief Superintendent of Jorhat Medical College & Hospital (respondent No.4) dated 26.02.2016 requesting the Government to limit Child Care Leave sought for by the petitioner to a maximum of 1 month only. Further prayer made is for a direction to the respondents to sanction Child Care Leave to the petitioner for a period of 184 days as sought for.

(3.) Case of the petitioner is that she is serving as Assistant Professor of Anatomy in Jorhat Medical College & Hospital. Petitioner is married and her husband Dr. Alok Jyoti Malakar is presently pursuing DM degree in Cardiology in Guwahati Medical College & Hospital. The couple was blessed with a child on 15.11.2013. In connection with the above, petitioner was granted maternity leave for a period of 135 days. After availing maternity leave, petitioner had resumed her duty. According to the petitioner, considering the tender age of the child being just above 2 years of age, she needs to devote considerable time to look after the child which may not be possible while discharging full time duty. In such circumstances, she had submitted an application on 04.12.2015 seeking Child Care Leave for a period of 6 months before the Government in the Health & Family Welfare Department through the respondent No.4 i.e., the Principal -cum -Chief Superintendent, Jorhat Medical College and Hospital. It appears that Deputy Secretary to the Govt. of Assam in the Health & Family Welfare (B) Department, Assam had written to the respondent No.4 on 25.02.2016 seeking clarification as to whether grant of such leave to the petitioner would lead to disruption of functioning of the new medical college. To this, respondent No.4 in his impugned communication dated 26.02.2016 informed the Deputy Secretary that Jorhat Medical College is facing shortage of doctors and grant of such long leave may lead to disruption of functioning of the medical college. Therefore, suggestion was made to the Government to have a re -think on the matter and to limit the leave sought for by the petitioner to a maximum period of 1 month only. Notice in this case was issued on 04.04.2016 with the observation that pendency of the writ petition would not be a bar for the respondents to consider prayer of the petitioner for Child Care Leave.