Calcutta High Court (Appellete Side)
Uma Acharya vs The State Of West Bengal & Ors on 14 September, 2017
Author: Samapti Chatterjee
Bench: Samapti Chatterjee
1
9.2017
W.P. 23593(W) of 2017
With
W.P. 21865(W) of 2017
Uma Acharya
Vs.
The State of West Bengal & Ors.
Mr. Arunava Ghosh, Ld Sr. Adv.,
Mr. Puspal Chakraborty
... For the Petitioner.
Mr. Biswabrata Basu Mallick,
Sk. Md. Masud
... For the State in WP.23593 (W) of 2017.
Mr. Biswabrata Basu Mallick,
Mr. Sagnik Chatterjee
... For the State in WP.21865 (W) of 2017.
Mr. Saktipada Jana,
Mrs. Ujani Pal(Samanta)
... For the School Authority.
Affidavit-of-service filed in court be kept with the record.
The petitioner files the present writ petition impugned order dated 12th
August, 2017 issued by the President of the Joka Bratachari Vidyasram Girls'
High School.
Mr. Ghosh, learned Advocate appearing for the petitioner submits that the
petitioner has already made a representation on 26th June, 2017(appears at page
101 of the writ petition) thereby showing the reasons quoted as below:
"Madam,
Further to my letter dated 23.06.2017, I again request you to sanction me a
child care leave for my only son Srijan Acharya(D.O.B) 24/02/2000) as he will
appear for ISC 2018 Examination. His 1st term, Revision test, Pre-Board and
Final Examination will start from the last week of August and will continue till
February, 2018. But fulfilling the roles of not only his mother but also his
teacher & Governess, I earnestly request you to allow me a child care leave from
2
21.08.2017to 18.11.17(90 days) as also from 27.11.2017 to 23rd February, 2018(89 days).
The list of my previously claimed & utilized child care leaves as per Govt. Circular No.5560-F(P) dt. 17.07.2015 for the 1st term, Revision Test, Pre Board & Final ICSE Examination of my only son are, 17.11.15 to 23.12.15 - 36 days.
06.01.16 to 14.02.16 - 40 days. A total of 129 days. 23.02.16 to 15.04.16 - 53 days.
This implies, in my service life the only claimed total number of my child care leaves for my son is (179+ 129) days = 308 days which is much less that the limit of 720 days.
Please, be informed that the above mentioned claimed leaves are according to Govt. Circular No.5560 -F(P) dt. 17.07.2015 & I am eligible to get them with your kind permission. I have completed 20 7ears of continuous service for this Institution. No reply generally implies no objection of granting all these leaves and hence short time reply is extremely urgent from you.
Thanking you, Yours faithfully, Uma Acharya (A.T) Joka Bratachari Vidyasram Girls' High School Place: Thakurpukur, Kollata.
Dt. 26.06.2017."
Mr. Ghosh submits that in spite of the application with reasons submitted for seeking leave, by the impugned order dated 12th August, 2017 that has been rejected by the President of the said school with a baseless ground that the serial No.10 of the application (reasons for leave applied for) has not been explained. Mr. Ghosh further emphasises that detail reasons the petitioner has already made application on 26th June, 2017. Unfortunately, without considering that application, with a baseless ground the petitioner's application has been rejected. Mr. Ghosh in conclusion submits that this rejection order cannot be sustained in the facts and circumstances of the case and also in accordance with law. The law permits that at least 730 days during the entire tenure of the service of a teacher he or she can take leave on the ground of his/her child's upliftment or 3 health till the child attaints the age of 18 years. In support of his contention, Mr. Ghosh relies on an unreported decision of the Hon'ble Apex Court delivered on 15th April, 2014 in Civil Appeal No.4506 of 2014(Arising out of SLP(C) No.33244 of 2012)(Kakali Ghosh Vs. Chief Secretary, Andaman & Nicobar Administration and Ors.) Mr. Jana, learned Advocate appearing for the School authority submits that the petitioner's application for sanction of leave has rightly rejected as the petitioner has failed to fill up the serial No.10 of the said form for application for leave. Mr. Jana further submits that there is no ambiguity or illegality in the impugned rejection order dated 12th August, 2017 which deserves interference by this Hon'ble court.
Considering the submissions as advanced by the learned Advocate appearing for the parties and after perusing the records, I find that on 26th June, 2017, the petitioner made an application for leave thereby explaining the reasons, though it is submitted by Mr. Jana that has not been received by the school authority. Be that as it may, the leave application of the petitioner dated 26th June, 2017 is very much a part of the present writ petition which is within the knowledge of the school authority. Therefore, in my considered view, the impugned rejection order dated 12th August, 2017 cannot be sustained in accordance with law as well as in the facts and circumstances of the case. Accordingly, the impugned rejection order dated 12th August, 2017 is hereby quashed and set aside. I direct the school authority to consider the petitioner's application dated 26th June, 2017 (appears at page 101 of the writ petition) and take a decision in 4 accordance with law within eight weeks from today after giving an opportunity of hearing to the petitioner or his authorised representative and thereafter communicate the reasoned decision to the petitioner within one week. With these directions, the writ petition is disposed of. Since the writ petition being W.P. 23593(W) of 2017 is disposed of, therefore, W.P. 21865(W) of 2017 is also disposed of without going into the merits of the case.
There will be no order as to costs.
Urgent photostat certified copy of this order, if applied for, be given to the parties on priority basis.
( Samapti Chatterjee, J. ) ks