09 10.03.2025 Jayanta Ct. 11 MAT 225 of 2025 + IA No.: CAN 1 of 2025 Bandana Das – Versus – The State of West Bengal & Others Mr. Shamim ul Bari, Ms. Asmita Mitra … for the Appellant. Mr. Suman Dey, Mr. Kartik Chandra Kapas ... for the State. Ms. Koyeli Bhattacharyya, Mr. Bibek Dutta, … for the WBBSE. Mr. Kamalesh Bhattacharjee, Ld. Sr. Adv. Mr. A. Bhattacharjee ... for the Respondent nos.6-9/ School Authorities. Affidavit-of-service, as filed, be kept on record. The present appeal has been preferred challenging an order dated 21st January, 2025 passed by the learned Single Judge in the writ petition being WPA 30140 of 2024. Mr. Bari, learned advocate appearing for the writ petitioner/appellant, namely, Bandana Das (hereinafter referred to Bandana) submits that Bandana initially applied for Child Care Leave (in short, CCL) by an application dated 4th December, 2024. However, such prayer was not considered and she joined her duties on 9th December, 2024 and submitted a further representation praying for CCL from 10th December, 2024 till 1st April, 2025. The said application was also not considered and as such Bandana was constrained to prefer the writ petition being WPA 30140 of 2024. Observing, inter alia, that Bandana has to take care of a three months old child and as she is in dire need of CCL, the learned Single Judge passed an order on 20th December, 2024 granting liberty to Bandana to submit an application for CCL within 23rd December, 2024 with a direction upon the school authorities to take a decision within three days. The learned Single Judge also expected that the school authorities would favourably consider granting CCL for up to 60 days to Bandana,. Mr. Bari submits that pursuant to the said order Bandana submitted a representation on 23rd December, 2024 for CCL on and from 10th December, 2024 for 60 days but without granting any weightage to the observations made in the order dated 20th December, 2024, the school authorities abruptly rejected Bandana’s prayer by a memo dated 24th December, 2024 issued by the Teacher-in-charge granting only 21 days CCL from 27th December, 2024 to 16th January, 2024. Her salary papers were also not processed. Though the Court was apprised of such fact when the matter again came up for hearing on 21st January, 2025 but the hearing of the matter was simply deferred. In the midst thereof, Bandana’s salary was stopped from the month of February, 2025. 2 Mr. Bhattacharjee, learned senior advocate appearing for the school authorities vehemently opposes Bandana’s prayer and submits that it had already been the intention of Bandana to remain absent in school though her presence is required for conducting the clerical duties. In her absence the school and the students are suffering. The school had been sympathetic towards Bandana since she has a baby but at the same time the administrative functions need to be taken care of. In view thereof, the learned Single Judge rightly wanted to decide the writ petition upon completion of affidavits and there is no infirmity in the said order. We have heard the learned advocates appearing for the respective parties and considered the materials on record. It appears that the learned Single Judge on an earlier occasion by an order dated 20th December, 2024, observed, inter alia, that Bandana wanted leave as she had to take care of her child only three months old and accordingly the school was directed to consider Bandana’s application for CCL favourably as she was in dire needs of such CCL. The said order was not challenged by the school authorities but by a memo dated 24th December, 2024 the Teacher-in-charge approved only 21 days for CCL from 27th December, 2024 to 16th January, 2025. Due to non-sanction of 3 further period of leave Bandana’s salary was also stopped with effect from the month of February, 2025. Once the learned Single Judge expressed an opinion that the appellant’s prayer for CCL of 60 days needs to be considered favourably observing that she was in dire needs of such CCL, the school authorities ought not to have restricted such CCL only for 21 days with effect from 27th December, 2024 to 16th January, 2024. The said decision has not only prejudiced Bandana’s needs but is also contrary to the observations made by the learned Single Judge in the order dated 20th December, 2024. For maintenance of proper academic atmosphere and smooth functioning of the school, the staff of the school and the administration need to function without any antagonistic controversy. Considering the requirements of the school as well as the need of Bandana for CCL as she is having a baby on her lap, the dispute needs to be finally resolved. In the said conspectus, we direct Bandana to immediately resume her duties on and from 12th March, 2025. After Bandana joins the school on 12th March, 2025, the school authorities shall regularise her period of absence with effect from 23rd December, 2024 till 12th March, 2025 by granting CCL and take steps towards disbursement of Bandana’s salary forthwith thereafter. 4 Needless to observe in the interest of the students at large, Bandana and the school authorities shall cooperate with each other for smooth functioning of the school. In view of the order that has been passed nothing remains to be decided in the writ petition and accordingly, the writ petition as well as the appeal and the connected application, are disposed of. However, we make it clear that this order has been passed in the special facts and circumstances of the case and the present order shall not be treated as a precedent. Parties to act on the basis of website copies of this order. (Partha Sarathi Chatterjee,J.) (Tapabrata Chakraborty,J.) 5