ORDER

06.08.2024 Date :

1. Heard Mr. S. Hoque, learned counsel for the petitioner as well as Mr. U. Sarma, learned Standing counsel, Secondary Education Department, for the respondent Nos. 1, 2 & 3.

2. On the recommnection made by the Selection Committee of Sajani Kanta Higher Secondary School, the Inspector of Schools, Barpeta District Circle, by a Letter dated 04.08.2010, approved the petitioner’s selection for appointment as Assistant Teacher in English on contractual basis at Sajani Kanta Higher Secondary School, Barpeta Road, Barpeta. Thereafter, the petitioner joined to the said post on 05.08.2010. The contractual appointment of the petitioner as Assistant Teacher in English was extended from time to time and is continuing till date.

3. While the petitioner was serving as such, the petitioner was granted Child Care Leave w.e.f. 02.01.2016 to 17.12.2017 by the President of the School Management and Development Committee of the said school on an interval of

90 days from time to time by different orders.

4. The petitioner, thereafter, approached the Principal of Sajani Kanta Higher Secondary School on 16.12.2017 requesting to permit her to join to the post of contractual Assistant Teacher in English. However, the Principal of the said school refused to permit the petitioner to join back to the school and accordingly, the petitioner has approached this Court by way of the present writ petition.

5. The respondent No. 2, i.e. the Director of Secondary Education Department has filed counter affidavit and in Paragraph No. 4 therein, it is stated that the Child Care Leave w.e.f. 02.01.2016 to 17.12.2017 was granted by the President of School Management and Development Committee of the said school by various orders on an interval of 90 days. However, no copies of such orders were forwarded to the Inspector of Schools, BDC, Barpeta. It is also stated that the Principal of the said school, by Letter dated 15.11.2018, stated that the President of the School Management and Development Committee of the said school had granted the Child Care Leave to the petitioner without any resolution of the School Management and Development Committee. Further, at Paragraph No. 5, it is stated that there is no provision for child care and maternity leave during 2014 to 2017 for the contractual employees working under the Secondary Education Department.

6. The learned counsel for the petitioner, relying on the Notification, dated st

31 July, 2015, issued by the Secretary to the Government of Assam, Finance (Estt.-A) Department, which provides for grant of 2 (two) years (730 days) Child Care Leave to women employees of Assam Government, submits that the petitioner, though she may be contractual employee, is entitled to Child Care Leave in view of the ratio laid down by this Court in the case of Doli Gogoi Vs. State of Assam, reported in (2017) 2 GLJ 673. He, therefore, submits that as the petitioner is entitled to Child Care Leave in terms of the ratio laid down in the case of Doli Gogoi (supra), the petitioner should be permitted to join back to her post.

7. This Court has considered the submissions made by the learned counsel for the parties.

8. A perusal of the Notification, dated 31.07.2015, would indicate that a decision was taken by the Government of Assam to grant Child Care Leave to women employees of the State Government and on the basis of such decision, Subsidiary Rule 121(2) has been inserted. The Notification provides that women employees having minor children, i.e. up to 18 years of age, may be granted Child Care Leave by the authorities competent to grant leave for a maximum period of 2 years (730 days) during their entire service for taking care of upto two minor children whether for rearing or to look after any of their needs like examination, sickness etc. Therefore, the grant of such leave to a woman employee would relate to looking after the needs of her minor child. However, such Child Care Leave cannot be demanded as a matter of right and a