Page No.# 1/4 GAHC010174842026 2026:GAU-AS:11691 THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : WP(C)/4428/2026 SMTI MALABIKA KALITA WIFE OF DR. KULENDRA DAS RESIDENT OF VILLAGE ERAGAON P.O. BALIPARA P.S. CHARIDUAR DISTRICT SONITPUR, ASSAM VERSUS THE STATE OF ASSAM AND 3 ORS REPRESENTED BY THE CHIEF SECRETARY TO THE GOVERNMENT OF ASSAM, DISPUR KAMRUP (M), ASSAM 2:THE DISTRICT COMMISSIONER SONITPUR TEZPUR ASSAM 3:THE CHARGE OFFICER OFFICE OF THE DISTRICT COMMISSIONER TEZPUR SONITPUR ASSAM 4:THE PRINCIPAL RANGAPARA COLLEGE BALIPARA RANGAPARA ROAD AMARIBARI RANGAPARA 784505 SONITPUR ASSA Advocate for the Petitioner : MR. S BORA, MS J RAJKUMARI Page No.# 2/4 Advocate for the Respondent : GA, ASSAM, BEFORE HON’BLE MR. JUSTICE NELSON SAILO O R D E R 17.08.2026 Heard MR. S. Bora, learned counsel for the petitioner and Mr. J.K. Goswami, learned Additional Senior Government Advocate for the respondent Nos. 1, 2 and 3. This matter is taken up as an unlisted motion on a mention being made by the learned counsel for the petitioner. Having regard to the nature of grievance, the same is taken up for disposal at this stage. 2. It is the case of the petitioner that she is working as an Assistant Professor in Rangapara College, Balipara in the district of Sonitpur, Assam. That she had given birth to a baby boy on 07.12.2025. Her baby boy is about 08(eight) months of age now and requires constant care. Since her husband is stationed and working elsewhere, she along with the help of a maid are the only ones to look after the baby. The petitioner therefore, submitted an application for Child Care Leave for a period effective from 01.08.2026 to 29.10.2026 before the District Commissioner, Sonitpur on 24.07.2026. However, the same has not been considered till date. 3. It is the case of the petitioner that her name was forwarded by the College Principal to the District Commissioner, Sonitpur for the Census operation 2027-House Listing and Housing Census. Since the name of the petitioner was forwarded to the District Commissioner, she applied for Child Care Leave to the District Commissioner, Sonitpur. Since the name Page No.# 3/4 has not been considered till date, the petitioner has filed the instant writ petition. 4. Learned counsel for the petitioner by referring to the Assam State Government Employees Child Care Leave Rules, 2025, more particularly, Rule 2(c), which defines a ‘minor child’ to be a biological or adopted child below the age of 18 years, submits that since the petitioner’s child is aged about 08(eight) months only and requiring constant care, the petitioner had submitted the application for Child Care Leave. However, not only has her application not being considered, but the Charge Officer in the office of the District Commissioner, Sonitpur has in the meantime, issued an appointment order to the petitioner on 13.08.2026, appointing her as Supervisor for Census operation 2027-House Listing and Housing Census. Learned counsel submits that since the petitioner is entitled to avail for Child Care Leave, the respondent authorities should be directed to consider her case and grant her the leave that she had applied for i.e. for the period from 01.08.2026 to 29.10.2026. In support of his submission, learned counsel for the petitioner has relied upon the case of Santona Thakuria (Dr.) –vs- State of Assam and Ors, reported in 2016 (3) GLT 610. 5. Mr. J.K. Goswami, learned Additional Senior Government Advocate on the other hand submits that no doubt an employee can avail for Child Care Leave to care for the child, but the same cannot be asked for as a matter of right. In this connection, learned counsel has drawn the attention of this Court to Rule 3(xii) of the Assam State Government Employees Child Care Leave Rules, 2025. 6. Considering the above projection and particularly the fact that the Page No.# 4/4 application of the petitioner has not been considered and disposed of till date, the writ petition is disposed of by directing the District Commissioner, Sonitpur (respondent No.2) to consider the application submitted by the petitioner on 24.07.2026 within a period of 10(ten) days from today by taking into account the difficulties projected by the petitioner in her representation and then pass an appropriate speaking order. The petitioner shall submit a certified copy of this order before the District Commissioner, Sonitpur within three days from today. 7. Till the application/representation of the petitioner is considered, as directed hereinabove, the appointment order dated 13.08.2026 of the petitioner as Supervisor of the Census operation 2027-House Listing and Housing Census shall not be given effect to. JUDGE Comparing Assistant