VALMIKI J. MEHTA, J.

1. By this writ petition under Article 226 of the Constitution of India, the petitioner and who is a teacher with the respondent no.2/Sant Nirankari Public School, seeks the relief of being granted the Child Care Leave. Respondent no.2/school is an unaided private school. Petitioner however claims that since in government schools, employees are entitled to Child Care Leave, therefore, by application of Section 10 of the Delhi School Education Act, 1973 (hereinafter referred to as “the Act”) Child Care Leave is also to be granted to employees of private schools in Delhi, whether aided or unaided.

2. The issue in question is no longer res integra because of a Division Bench judgment of this Court in the case of M.I. Hussain & Anr. Vs. Director of Education & Anr. in LPA No.592/2013 decided on 21.3.2014 and which judgment interprets the expression “prescribed benefits” under Section 10 of the Act so as to mean only monetary benefits. The relevant paras of the judgment in the case of M.I. Hussain & Anr. (supra) are paras 13 to 15 and which paras read as under :-

“13. A perusal of Section 10 would evidence that it embraces scales of pay and allowances, medica