##PAGE1##

Page No.# 1/4 GAHC010053932026 2026:GAU-AS:4120

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

Case No. : WP(C)/1585/2026

BHUCHITRA BANIA C/O KAUSTAV KASHYAP, R/O BHUKTABARI, P.O- SIPAJHAR, DIST-

DARRANG, PIN- 784145, ASSAM

VERSUS THE STATE OF ASSAM AND 6 ORS

REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF ASSAM, DEPTT OF SCHOOL EDUCATION SECONDARY EDUCATION DEPTT ASSAM CIVIL SECRETARIAT BOLCK C DISPUR GUWAHATI ASSAM, PIN 781006.

2:THE SECRETARY TO THE GOVERNMENT OF ASSAM DEPTT OF SCHOOL EDUCATION SECONDARY EDUCATION DEPTT ASSAM CIVIL SECRETARIATE BLOCK C DISPUR GUWAHATI ASSAM

PIN- 781006

3:THE DEPUTY SECRETARY TO THE GOVERNMENT OF ASSAM FINANCE DEPARTMENT DISPUR-06

ASSAM

4:THE DIRECTOR OF SECONDARY EDUCATION KAHILIPARA GUWAHATI

5:THE INSPECTOR OF SCHOOLS SONITPUR DISTRICT CIRCLE TEZPUR ASSAM

6:THE ADDITIONAL DEPUTY COMMISSIONER PIN- 784177

Page No.# 2/4

(EDUCATION)

BISWANATH

7:THE PRINCIPAL DAKHIN KALABARI H.S SCHOOL KAMDEWAL

BISWANAT

Advocate for the Petitioner : MR B P BORAH, MR B P BORAH,MR P J DUTTA,MR. U S BORA,MISS. J GOGOI,MR. A KHANDAKAR

Advocate for the Respondent : SC, SEC. EDU., SC, FINANCE

BEFORE HONOURABLE MR. JUSTICE KARDAK ETE

ORDER

23.03.2026 Date :

Heard Mr. B.P. Borah, learned counsel for the petitioner. Also heard Mr. P.P. Dutta, learned Standing Counsel, Secondary Education Department appearing for the respondents No. 1, 2, 4 and 5

and Ms. D.D. Barman, learned State counsel appearing for the respondent No. 3.

2. Aggrieved by rejection of the application for Child Care Leave (‘CCL’ in short) in terms of the Assam State Government Employees Child Care Leave Rules, 2025, (in short, “Rules of 2025”) the petitioner has put to challenge the endorsement by the Additional Deputy Commissioner, Education on the body of the application, by which, the petitioner has been allowed only casual leave while rejecting CCL. The petitioner has prayed for a direction to the respondent authorities to consider the application

for CCL as per the Rules of 2025.

3. Having considered the nature of the grievance and as agreed to by the learned counsel for the petitioner, this petition is taken up for disposal at the motion stage itself.

4. The petitioner being a female government employee working as Post-Graduate teacher in History subject at Dakshin Kalabari Higher Secondary School under Biswanath district, Assam has applied for CCL for a period of 30 (thirty) days w.e.f. 06.02.2026 to 07.03.2026 due to sickness of her minor child, which was granted by an order dated 09.02.2026. After completion of the said 30 days CCL, when the sickness of her child continued, the petitioner applied extension of CCL in terms of

Page No.# 3/4 Assam State Government Employees Child Care Leave Rule, 2025.

5. It is the case of the petitioner that the respondent authority has mechanically rejected the prayer for extension of CCL and instead granted a mere casual leave, that too, by an endorsement on the body

of the application itself, which is contrary to the right conferred under the Rules of 2025.

6. Having considered the nature of the grievance, Mr. P.P. Dutta, learned Standing Counsel was directed to obtain instructions.

7. Mr. P.P. Dutta, learned Standing Counsel by placing the communication dated 20.03.2026 from the Inspector of Schools, Sonitpur District Circle, Tezpur, submits that the petitioner has already availed 30 days CCL. As per the report of the Principal of Dakshin Kalabari Higher Secondary School, ever since the petitioner has joined in her service on 27.12.2025, she has availed 30 days CCL, remained absent in December, 2025, January, 2026 as well as in the current month of March, 2026 till date. It is also reported that she has refused to extend any cooperation in the examination duties for HS

and HSLC Final Examination 2026.

8. Mr. P.P. Dutta, learned Standing Counsel submits that although the State has framed Rules for the benefit of the employees as regards the CCL by notification dated 07.04.