Chander Mohan Jain v. N.k. Bagrodia Public School & Others

Chander Mohan Jain v. N.k. Bagrodia Public School & Others

(High Court Of Delhi)

Civil Writ Petition No. 8104 of 2009 | 01-09-2009

Oral:

Sunil Gaur, J.

Petitioner- Chander Mohan Jain, is a Post Graduate Teacher with respondent No.1- N.K. Bagrodia Public School (hereinafter referred to as respondent No. 1 School). He had applied for Paternity Leave vide Annexure-A, which practically stands declined by respondent No. 1-School by stating as under:

So far this school has not adopted any facility to Paternity Leave. The matter is still under consideration. You are advised to take leave under the existing rules.

2. Whether the petitioner is entitled to Paternity Leave or not, need not be gone into in view of the stand taken by respondent No. 3-Director of Education in its counter, which is as under:

That the petitioner is entitled to Paternity Leave as per CCS (Leave Rules), 1972, as stated in the petition. All unaided recognized schools are running under the control of Director of Education as per DSEAR, 1973. All rules are applied in unaided recognized Public Schools as per Government Schools of Delhi.

3. Counsel for respondent No. 1 states that in view of the stand taken by respondent No. 3-Director of Education, as aforesaid, the Paternity Leave would be granted to the petitioner, as admissible under the Rules.

4. In terms of the above said undertaking by Counsel for respondent No. 1, this petition is disposed of.

5. No costs.

Petition disposed of.

Advocate List
Bench
  • HON'BLE MR. JUSTICE SUNIL GAUR
Eq Citations
  • LQ/DelHC/2009/3240
Head Note

Service Law — Leave — Paternity Leave — Entitlement to — Petitioner applying for Paternity Leave — Respondent No. 1-school declining the same — Held, whether petitioner is entitled to Paternity Leave or not, need not be gone into in view of the stand taken by respondent No. 3-Director of Education in its counter, which is as under: That the petitioner is entitled to Paternity Leave as per CCS (Leave Rules), 1972, as stated in the petition