Meena Pandey vs State of Uttarakhand and Others

Sudhanshu Dhulia, J—The petitioner is a Lecturer in Chemistry, who is presently teaching in Government Girls Inter College, Nainital. She has a son below 18 years of age, who is studying in Class XII and for his benefit Child Care Leave is being sought by the petitioner. The leave was sought as far back in August, 2014 for a period of six months. The Child Care Leave is being given to the women government employees in the State of Uttarakhand in pursuance of the Government Order dated 30th May, 2011, which has been annexed as Annexure No. 5 to the writ petition, which has been admitted by the State. Primarily, women government employees can avail Child Care Leave for two years in service period in order to look after her children who are less than 18 years of age. Certain other guidelines have been given in the Government Order.

It is a beneficial scheme and normally such Child Care Leave should be granted, unless there are compelling reasons for the authorities to refuse such leave.

In view thereof, the writ petition is disposed with the direction to the Chief Education Officer, Nainital who shall after getting the approval of the Principal of the College hear the representation of the petitioner and pass a speaking and reasoned order within a period of 15 days from the date a certified copy of this order is produced before him, considering the need of the petitioner and after making alternate arrangement in the School. It is made clear that in case the leave is denied to the petitioner, the Chief Education Officer, Nainital shall assign reasons. No order as to costs.