GAHC010276972025 2025:GAU-AS:17373

THE GAUHATI HIGH COURT

(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

Case No. : WP(C)/7226/2025

SAYEDA HUSNEARA JAHAN

W/O BADARUDDUZA CHOUDHURY, R/O ISLAMPATTY BARBHETI, P.O.

HAIBARGAON, PIN 782002, P.S. NAGAON SADAR, DIST. NAGAON, ASSAM, SERVING AS ASSTT. TEACHER, ULUBARI, M.E. SCHOOL, ULUBARI, DIST.

MORIGAON, ASSAM.

VERSUS

THE STATE OF ASSAM AND 5 ORS

REPRESENTED BY THE COMMISSIONER AND SECY. TO THE DEPTT. OF

SCHOOL EDUCATION , ASSAM, DISPUR, GUWAHATI 781006

2:THE SECY. TO THE GOVT. OF ASSAM

FINANCE DEPTT.

DISPUR

GUWAHATI 781006

3:THE DIRECTOR OF ELEMENTARY EDUCATION

ASSAM

KAHILIPARA

GUWAHATI 781019

4:THE DIST. ELEMENTARY EDUCATION OFFICER

MORIGAON

P.O MORIGAON

DIST. MORIGAON

ASSAM

PIN 782105

5:THE BLOCK ELEMENTARY EDUCATION OFFICER

LAHARIGHAT EDUCATION BLOCK AT TINSUKIA

P.O. TINSUKIA

ASSAM PIN 782127

6:THE HEADMASTER ULUBARI M.E. SCHOOL VILL. ULUBARI P.O. DOLOIGAON DIST. MORIGAON PIN 78212 Advocate for the Petitioner : MR Z HUSSAIN, MR. D K AGARWALA,MS B B AHMED Advocate for the Respondent : SC, ELEM. EDU, SC, FINANCE DEPTT.

BEFORE HONOURABLE MR. JUSTICE NELSON SAILO

ORDER

Date : 16-12-2025 Heard Mr. Z Hussain, learned counsel for the petitioner. Also heard Mr.

B Kaushik, learned Standing Counsel, Elementary Education Department as well as Ms. RM Barooah, learned Standing Counsel, Finance Department.

[2] Having regard to the nature of grievance projected by the petitioner, the writ petition is taken up for disposal at this motion stage itself.

[3] By filing this writ petition, the petitioner has projected her case to the effect that she had applied for Child Care Leave (CCL) for a period of 3 (three) months w.e.f. 15.11.2025 to 15.02.2026. Despite the application of the petitioner being bonafide and for taking care of her child, the same was not allowed by the Controlling Authority. Accordingly, the petitioner having no an Appeal on 27.11.2025 but since the said Appeal has not been considered and disposed of by the said Authority, the petitioner having no alternative is before this Court.

[4] Mr. B Kaushik, learned Standing Counsel, Elementary Education Department submits that grant of CCL is governed by the conditions prescribed, vide Notification dated 07.04.2025 which is issued by the Finance (Estt.-A)

Department.

[5] The learned counsel for the petitioner also agrees that the said Notification provides for the CCL which can be availed by the employees.

[6] Considering the fact that the Appeal is pending as on date, instead of keeping the writ petition pending any longer, the writ petition is disposed of by directing the Director, Elementary Education Department, Government of Assam to consider and dispose the Appeal filed by the petitioner on 27.11.2025 (Annexure-9) within a period of 15 (fifteen) days from the date of receipt of a certified copy of this order in terms of the Notification dated 07.04.2025 issued by the Finance Department.

[7] The petitioner shall submit a copy of this writ petition along with a certified doing the needful.

JUDGE Comparing Assistant