Shekhar B. Saraf, J. - (1.) This is an application under Article 226 of the Constitution of India wherein the writ petitioner is aggrieved by an order dated December 10, 2015 passed by the Bengali Girls' Day School with regard to rejection of the prayer of the petitioner for Child Care Leave.
(2.) The fact leading to the writ petition are as follows: a) The petitioner took maternity leave from February 17, 2015 to August 16, 2015. b) She thereafter took Child Care Leave from August 18, 2015 to October 17, 2015. The above leave from August 18, 2015 to October 17, 2015 was not approved for Child Care Leave by the School Authorities as no medical certificate with regard to child illness was presented before the School authorities. However, the School approved the above leave as 'Medical Leave' for the petitioner. c) Subsequently, the petitioner once again made an application dated October 31, 2015 seeking Child Care Leave from November 16, 2015 to March 14, 2016. With regard to the above leave sought by the petitioner, the School authorities have directed that such leave shall be leave without pay and not Child Care Leave.
(3.) Being aggrieved by this order the writ petitioner is before me. She relies on Memorandum No.5560-F(P) dated July 17, 2015 issued by the Finance(Audit) Department, Government of West Bengal with regard to benefit of Child Care Leave. The said memorandum is delineated below: 'The matter regarding extension of benefit of the Child Care Leave for a maximum period of 2(two) years i.e. 730 days to the regular female teaching and non-teaching employees of Government sponsored/Non-Government aided Schools, Boards, District Primary School Councils. School Service Commission as well as to the regular female employees of Panchayat Raj and other Local Bodies, Undertakings, Corporations. Statutory Bodies was under active consideration of the State Government. Now after careful consideration, the Governor is hereby pleased to decide to extend the said benefit to the regular female employees of the educational institutions, establishments, organisations, entities etc. as mentioned above subject to the following conditions: i) The same will be admissible during the entire period of service for taking care of upto 2(two) children upto 18 years of their age whether for rearing or to look after any of their needs like examination, sickness etc. ii) During the period of such leave, the female employees shall be paid leave salary equal to the pay drawn immediately before proceeding on leave. iii) It may not be granted in more than 3(three) spells in a calendar year. iv) It may not be granted for less than 15 days in a spell. v) Child Care Leave shall not be debited against the leave account. vi) It may be combined with leave of the kind due and admissible. vii) Child Care Leave should not ordinary be granted during the probation period except in case of certain extreme situations where the leave sanctioning authority is fully satisfied about the need of Child Care Leave to the probationer. It may also be ensured that the period for which such leave is sanctioned during probation is minimal. viii) Other terms and conditions as applicable to sanctioning Earned Leave shall be applicable in the matter of sanctioning Child Care Leave. ix) An account for the purpose shall have to be maintained under proper attestation by the leave sanctioning authority. 2. This order shall take effect from 1st August, 2015 3. Necessary amendments in the relevant rules or regulations or bylaws as applicable may be made by the concerned administrative department in due course.;