Calcutta High Court (Appellete Side)
Samita Modak vs State Of West Bengal & Ors on 7 November, 2016
1
07.11.2016
Court No.12
Item no.29
skc
W.P. 21578 (W) of 2016
Samita Modak
Vs.
State of West Bengal & Ors.
Mr. Amit Ranjan Roy ... for the petitioner
Ms. Sanghamitra nandy
Ms. Monika Pandit ... for the State
Affidavit-of-service filed in Court today is taken on record.
The petitioner while serving as an assistant teacher in Kamarthuba
Nivedita Balika Vidyalay High School, North 24 Parganas entered into a
matrimonial alliance and out of that matrimonial alliance she conceived
but miscarriage. On account of several miscarriages, the petitioner was
unable to give birth. Subsequently, she opt for the route of surrogacy
and as a result, a male child was born. She submitted an application for
maternity leave to the school authority which was duly approved and the
salary for this period on which she has taken leave was also sanctioned.
Subsequently, when the application reaches to the office of the District
Insapector of School (S.E.) North 24 parganas being the respondent no.5
herein, the maternity leave was not regularized. Being aggrieved by in action on the part of the authorities, the petitioner has preferred the instant writ petition.
2Accordingly, without entering into the merit of the case, the competent authority is directed to consider the application for maternity leave of the petitioner in accordance with law and to pass appropriate order for regularization of maternity leave expeditiously within a period of two moths from the date of communication of this order. With the above direction, the writ petition is disposed of. Urgent photostat certified copy of this order, if applied for, be supplied to all the parties on usual undertaking.
( Rajiv Sharma, J. )