MD ABU RAIHAN v. PRABHAT KUMAR MISHRA THE ADDITIONAL CHIEF SECRETARY WB FINANCE DEPTT
CPAN/2040/2024 · 2026-02-04
Amrita Sinha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 1447 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 1447 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
127 04.09.2025 AGM In The High Court At Calcutta Special Civil Jurisdiction Appellate Side CPAN 2040 of 2024 Arising out of WPA No. 20165 of 2024 Md. Abu Raihan -versus- Prabhat Kumar Mishra Mr. Samim Ahammed. Ms. Gulsanwara Pervin. … For the Petitioner. Mr. Amitesh Banerjee. Sr. Adv. Mr. Himadri Sekhar Chakraborty. Ms. Debdooti Dutta. … For the Contemnor.
1. An affidavit-of-compliance filed by the Additional Chief Secretary, Finance Department, Government of West Bengal is taken on record. Copy of the same has been served upon the learned advocate representing the petitioner.
2. It appears therefrom that the State Government, as on date, is not agreeable to formulate any policy for grant of paternity leave as available to the male employees Central Government.
3. Learned counsel representing the contemnor submits, upon instruction that, as on date the male employees far outnumber the females. If a policy decision is adopted today for granting 730 days paternity childcare leave, then the progress of work of the Government will get stalled.
4. Though the Court does not appreciate such disproportionate gender ratio in the State Government
employment but at the same time appreciates that in the current scenario it may not be possible for the State to adopt the decision to provide paternity childcare leave for 730 days.
5. The State Government shall strive to equalize gender ratio at the time of appointment so that in the near future the State can adopt a policy in line with the policy of the Central Government for providing childcare leave to male employees.
6. It does not appear that there has been any intentional, deliberate or willful violation of the direction passed by the Court. The contempt application stands disposed of.
7. The petitioner is granted liberty to approach the Principal Secretary, School Education Department with his prayer seeking childcare leave disclosing his difficulties in raising his children single-handedly.
8. In the event such a prayer is made, the Principal Secretary, School Education Department shall consider the prayer of the petitioner at the earliest but positively within a period of two weeks from the date of submission of the application.
9. Urgent photostat certified copy of this order be supplied to the parties, if applied for, as early as possible. ( Amrita Sinha, J.) 2