News - अमेरिका से चाइल्ड केयर लीव का ई मेल भेजा, ई मेल पर कोई निर्णय नही लेने पर कोर्ट ने इसे चाइल्ड केयर लीव पर विचार करने को कहा, क्योंकि लीव पर कोई निर्णय नही लिया गया था , देखें आदेश -
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- WRIT - A No. - 12762 of 2011
Petitioner :- Dr. Nutan Mishra
Respondent :- Basant College For Women And Others
Petitioner Counsel :- Bhoopendra Nath Singh,Devendra Pratap Singh
Respondent Counsel :- C. S. C.,K.S. Chauhan
Hon'ble Sunil Ambwani,J.
Hon'ble Mrs. Jayashree Tiwari,J.
Learned Standing Counsel appears for respondent no. 2. Shri K.S. Chauhan has accepted notice on behalf of respondent no.2. Issue notice to respondent no. 1. Steps within a week. The respondents are allowed four weeks' time to file counter affidavit. The petitioner will have one week thereafter to file rejoinder affidavit.
List on 19.4.2011.
The petitioner has prayed for directions to quash the letter of the Manager, Vasanta College for Women, Varanasi dated 4.9.2010, by which in response to petitioner's e-mail dated 24.7.2010 sent by her from United States, the College has treated the petitioner to have abandoned the job. She has also prayed for payment of full salary and other service benefits.
It is stated in the writ petition that the petitioner is M.A. in Sociology with first division from Lucknow University and has passed NET. She served as Lecturer in I.T. College, Lucknow; after which she was appointed as Lecturer in Sociology in the respondent no.1, College on 8.2.2006, and was confirmed after one year. In the year 2007 she got married and gave birth to a baby girl on 3.11.2008 in United States, where her husband is working. On return to India she was looking after her baby and also her mother, who was ill at Varanasi.
It is stated that at Varanasi the baby got sick. In the summer vacations in the College in June, 2010,� the petitioner left for United States to get enough time to build the immunes system of the baby, so that the petitioner can work stress free, when she joins back. She requested the College to understand her situation and to grant her leave to take care of her child� by e-mail dated 20.7.2010.
Learned counsel for the petitioner has relied upon the recommendations of the 6th Pay Commission in para 5.12.4 for maternity and paternity leave, which provides for women teachers having minor children to be allowed leave upto two years for taking care of their children. The Commission has also made recommendations as follows:-
"Para 5:12:4: Maternity/Paternity Leave
Maternity leave may now be granted to a female teacher for 180 days present leave days and only twice in one's career. Likewise a paternity leave of 15 day may be granted to a teacher father.
It has also been suggested that women teachers having minor children may be allowed leave up two year for taking care of their children. In yet another suggestion, the women teachers have demanded leave for 2 to 3 years for bringing up children or joining their husbands.
The Committee recommends that child care leave for and maximum period of 2 year (730 days) may be allowed to the women teachers during entire service period in line with central government women employees."
Prima facie we find that the College, instead of considering petitioner's application for leave, has come to an understanding as stated in the impugned letter that she has abandoned her teaching post as she did not return back for duties within the stipulated time.
The petitioner should have given full and complete facts regarding the date of birth of her baby, the period for which she was absent from teaching duties and whether the University has accepted the recommendation of the 6th Pay Commission, and has also not applied for leave in a proper way.
We find that the College has not taken any decision on her request for leave sent by her vide e-mail, which ought to have been treated as child care leave. A letter, by which the Committee of Management has understood that she had abandoned teaching post, does not take into account the request to grant her leave. The abandonement can be inferred where the person is not reporting for work and has not applied for leave. In the present case, since the petitioner had applied for leave, even if it was not a proper way, the Committee should have considered the request.
As an interim measure, we direct that if the petitioner applies for leave within a period of 15 days, the Committee of Management will consider her leave application in the light of the rules for leave, applicable in the College and also the recommendation of 6th Pay Commission, if they have been accepted by the Banaras Hindu University (a Central University). The petitioner will also give an indication as to when she would like to join. She will, however, not be paid salary until the management takes a decision on her leave application.
Order Date :- 3.3.2011 RKP
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HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 29
Case :- WRIT - A No. - 12762 of 2011
Petitioner :- Dr. Nutan Mishra
Respondent :- Basant College For Women And Others
Petitioner Counsel :- Bhoopendra Nath Singh,Devendra Pratap Singh
Respondent Counsel :- C. S. C.,K.S. Chauhan
Hon'ble Sunil Ambwani,J.
Hon'ble Mrs. Jayashree Tiwari,J.
Learned Standing Counsel appears for respondent no. 2. Shri K.S. Chauhan has accepted notice on behalf of respondent no.2. Issue notice to respondent no. 1. Steps within a week. The respondents are allowed four weeks' time to file counter affidavit. The petitioner will have one week thereafter to file rejoinder affidavit.
List on 19.4.2011.
The petitioner has prayed for directions to quash the letter of the Manager, Vasanta College for Women, Varanasi dated 4.9.2010, by which in response to petitioner's e-mail dated 24.7.2010 sent by her from United States, the College has treated the petitioner to have abandoned the job. She has also prayed for payment of full salary and other service benefits.
It is stated in the writ petition that the petitioner is M.A. in Sociology with first division from Lucknow University and has passed NET. She served as Lecturer in I.T. College, Lucknow; after which she was appointed as Lecturer in Sociology in the respondent no.1, College on 8.2.2006, and was confirmed after one year. In the year 2007 she got married and gave birth to a baby girl on 3.11.2008 in United States, where her husband is working. On return to India she was looking after her baby and also her mother, who was ill at Varanasi.
It is stated that at Varanasi the baby got sick. In the summer vacations in the College in June, 2010,� the petitioner left for United States to get enough time to build the immunes system of the baby, so that the petitioner can work stress free, when she joins back. She requested the College to understand her situation and to grant her leave to take care of her child� by e-mail dated 20.7.2010.
Learned counsel for the petitioner has relied upon the recommendations of the 6th Pay Commission in para 5.12.4 for maternity and paternity leave, which provides for women teachers having minor children to be allowed leave upto two years for taking care of their children. The Commission has also made recommendations as follows:-
"Para 5:12:4: Maternity/Paternity Leave
Maternity leave may now be granted to a female teacher for 180 days present leave days and only twice in one's career. Likewise a paternity leave of 15 day may be granted to a teacher father.
It has also been suggested that women teachers having minor children may be allowed leave up two year for taking care of their children. In yet another suggestion, the women teachers have demanded leave for 2 to 3 years for bringing up children or joining their husbands.
The Committee recommends that child care leave for and maximum period of 2 year (730 days) may be allowed to the women teachers during entire service period in line with central government women employees."
Prima facie we find that the College, instead of considering petitioner's application for leave, has come to an understanding as stated in the impugned letter that she has abandoned her teaching post as she did not return back for duties within the stipulated time.
The petitioner should have given full and complete facts regarding the date of birth of her baby, the period for which she was absent from teaching duties and whether the University has accepted the recommendation of the 6th Pay Commission, and has also not applied for leave in a proper way.
We find that the College has not taken any decision on her request for leave sent by her vide e-mail, which ought to have been treated as child care leave. A letter, by which the Committee of Management has understood that she had abandoned teaching post, does not take into account the request to grant her leave. The abandonement can be inferred where the person is not reporting for work and has not applied for leave. In the present case, since the petitioner had applied for leave, even if it was not a proper way, the Committee should have considered the request.
As an interim measure, we direct that if the petitioner applies for leave within a period of 15 days, the Committee of Management will consider her leave application in the light of the rules for leave, applicable in the College and also the recommendation of 6th Pay Commission, if they have been accepted by the Banaras Hindu University (a Central University). The petitioner will also give an indication as to when she would like to join. She will, however, not be paid salary until the management takes a decision on her leave application.
Order Date :- 3.3.2011 RKP
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
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