JUDGMENT :

Jay Sengupta, J.

1. The writ petition has been filed b y the petitioner, inter alia, praying for setting aside of the decision of the Governing Body of Calcutta Girls' College taken on 11.01.2024 by which the prayer of the petitioner for Child Care Leave (In short 'CCL') for the period from 11.01.2023 to 18.07.2023 (189 days) was rejected and she was directed to refund the salary received during the said period.

2. Learned counsel for the petitioner submitted as follows. The petitioner joined as Assistant Professor in Calcutta Girls' College on 05.03.2018 in the Department of Economics. There are more two Assistant Professors in the said department. It is needless to say that one student admitted in the year 2022, zero students admitted in the year 2023 and Zero students admitted in the year 2024 in the College. The petitioner was conceived in the month of March, 2021. Due to various problems regarding her pregnancy, as per the Doctor's advice, she availed maternity leave for 180 days (12.11.2021 to 10.05.2022). During that period, she birthed twin daughters on 26.11.2021 after surgery. After maternity leave, she joined on 11.05.2022. After the maternity leave was over, the petitioner applied for CCL on 11.05.2022 to look after her infant babies at her residence Siliguri. The petitioner's old aged parents-in-law are suffering various ailments and physically not well. Her husband was staying outside India, The petitioner again applied for CCL on 15.06.2022, 23.06.2022 and 13.07.2022. But the College authority did not respond and subsequently rejected. Finding no other alternative, she availed Earned Leave for certain period and seven months post maternity leave for her own medical condition. Due to her medical condition and continuous bleeding for delivering twin babies via caesarean section and due to dearth of her family members, the petitioner again applied for CCL on 04.11.2022 for the period from 12.12.2022 to 10.01.2023 and finding no other option, she had to avail such CCL after repeated rejection. Nevertheless, she was taking online classes for her students and she was regularly in touch with her department. Such period of CCL was granted. Due to acute medical problem of her and for giving vaccine of her children, the petitioner could not join on 11.01.2023 and applied for extension of CCL from 11.01.2023 to 21.03.2023 to take care of her two infants aged 13 months old. But the petitioner was show caused for unauthorized absence. She has explained her difficulty in her reply and prayed for joining on 29.04.2023, but not allowed. Finding no other alternative, she came back to her residence at Siliguri and after Summer Vacation, prayed for further extension of CCL upto 18.07.2023. Again, the petitioner applied for CCL for the period from 31.07.2023 to 31.10.2023 on the same reason which was initially not responded. Her application for CCL for the period from 01.11.2023 to 29.02.2024 was approved without pay. After the leave period was over, she joined on 01.03.2024. According to the Rules vide Memorandum dated 18.01.2016 (Page-63), Female employee is entitled for Child Care Leave (CCL) for a period of 2 (two) years i.e., 730 days during the entire period of her service, until eldest two of her children attains the age of 18 years. She can apply three times within a year or apply at a time for one year. The Governing Body of the College has taken a decision on 11.01.2024, inter alia, that (i) Her unsanctioned leave from 11.01.2023 to 18.07.2023, the competent authority is unable to sanction the said unauthorized leave and she has to pay back the amount which she has received during the said period, (ii) Her CCL from 31.07.2023 to 31.10.2023 has been considered and sanctioned by the competent authority of the College, (iii) Her prayer for leave without pay from 01.11.2023 to 29.02.2024 according to her application dated 11.01.2024 was considered and sanctioned, (iv) She is directed to resume her duty on and from 01.