Allahabad High Court
Basic Education Officer Chitrakoot And ... vs Smt. Rachna And 2 Others on 1 July, 2024
Author: Mahesh Chandra Tripathi
Bench: Mahesh Chandra Tripathi
HIGH COURT OF JUDICATURE AT ALLAHABAD
Neutral Citation No. - 2024:AHC:105615-DB
Court No. - 29
Case :- SPECIAL APPEAL No. - 558 of 2024
Appellant :- Basic Education Officer Chitrakoot And Another
Respondent :- Smt. Rachna And 2 Others
Counsel for Appellant :- Kushmondeya Shahi
Counsel for Respondent :- C.S.C.,Syed Fahim Ahmed
Hon'ble Mahesh Chandra Tripathi,J.
Hon'ble Prashant Kumar,J.
1. Heard Sri K. Shahi, learned counsel for the appellants-respondents, Sri Syed Fahim Ahmed, learned counsel for the petitioner-respondent No.1 and learned Additional Chief Standing Counsel for the State-respondents.
2. The present intra-court appeal is preferred questioning the validity of the impugned judgment and order dated 01.05.2024 in Writ-A No.6674 of 2024 (Smt. Rachna vs. State of U.P. and 3 others), passed by the learned Single Judge, who allowed the writ petition with costs, quashing the order dated 11.04.2024 passed by the Block Education Officer (appellant no. 2) on the grounds that no reasons were assigned for the said order. In the writ petition, petitioner-respondent No.1 challenged the validity of the order dated 11.04.2024 passed by the Block Education Officer (appellant no. 2), whereby the application of petitioner-respondent No.1 for child care leave from 12.04.2024 to 08.10.2024, a period of 180 days, was rejected citing that the duration of leave was too long.
3. Learned counsel for the appellants-respondents states that the order impugned is per se unsustainable as there is an exhaustive procedure for dealing with child care leave prescribed by GO/Circular dated 01.03.2023. He submits that as per the GO/Circular dated 01.03.2023, an online application must be submitted for child care leave by the applicant/incumbent, which is processed accordingly. He further submits that under clause (2) of the Government Order dated 11.04.2011, child care leave cannot be granted more than three times in a calendar year, and as per clause (3) of the Government Order/Circular dated 01.03.2023, the maximum duration for granting child care leave is 30 days at a time. He submits that, regarding the order passed by the learned Single Judge, which stated that no reasons were assigned, the same is also not sustainable because, according to the GO/Circular dated 01.03.2023, it was only observed that the applicant must move an appropriate application for a shorter duration. He submits that the impugned order could have serious ramifications across the teacher community if the GO/Circular dated 01.03.2023 is disregarded.
4. Considering the factual aspect of the matter, we have proceeded to examine the matter and had occasion to peruse the GO/ Circular dated 01.03.2023. For ready reference, the relevant portion of GO/ Circular dated 01.03.2023 is reproduced hereunder for determination:
बाल्य देखभाल अवकाश एक बार मे स्वीकृति हेतु अधिकतम दिनों की सख्या निर्धारित नहीं है।
बाल्य देखभाल अवकाश एक बार में सामान्यतया अधिकतम 30 दिनों के लिये दिया जाना । चुनाव /आपदा/ जनगणना बोर्ड परीक्षा ड्यूटी अथवा विद्यालयी परीक्षाओं की अवधि व उससे 5 दिवस पूर्व की तिथियों हेतु प्राप्त बाल्य देखभाल अवकाश प्रकरणो को खण्ड शिक्षा अधिकारी / जिला बेसिक शिक्षा अधिकारी द्वारा सम्यक विचारोपरान्त निस्तारित किया जायेगा। उवत से भिन्न अवधियों हेतु प्राप्त बाल्य देखभाल अवकाश प्रकरणों (विद्यालय बन्द होने की स्थिति को छोड़कर) को खण्ड शिक्षा अधिकारी द्वारा अनिवार्य रूप से अग्रसारित किया जायेगा व जिला बेसिक शिक्षा अधिकारी द्वारा अनिवार्य रूप से स्वीकृत किया जायेगा ।
5. While rejecting the application of the petitioner-respondent No.1 by order dated 11.04.2024, it was mentioned that "The duration of the requested leave is too long; apply for a shorter period." So far as the learned Single Judge, who has relied upon the judgment passed by the Apex Court in Assistant Commissioner, Commercial Tax Department, Works Contract & Leasing, Kota Vs. Shukla & Brothers, (2010) 4 SCC 785, is concerned, the same is distinguishable and has no application in the present matter. Therefore, we find that the order impugned in the writ petition dated 11.04.2024 is in accordance with the procedure prescribed by the GO/ Circular dated 01.03.2023. We also find from the record that there is no challenge to the GO/ Circular dated 01.03.2023 and, therefore, the order dated 01.05.2024 is unsustainable and accordingly is set aside, but considering the factual circumstances, as the matter pertains to the child care leave, we leave it open to the appellants-respondents to pass an appropriate order but certainly after affording an opportunity of hearing to the petitioner-respondent No.1. This exercise shall be completed within three weeks from the date of production of a certified copy of this order. Accordingly, the order impugned dated 01.05.2024 in Writ-A No.6674 of 2024 (Smt. Rachna vs. State of U.P. and 3 others) passed by the learned Single Judge is modified to the aforesaid extent.
6. With the aforesaid observations, the special appeal is disposed of.
Order Date :- 1.7.2024
NLY
