HC tells DSE to decide college teacher’s CCL issue

PANAJI: The high court of Bombay at Goa has directed the Diocesan society of education (DSE) to decide the issue of child care leave (CCL) sought by an associate professor from Rosary college of commerce and Arts, Navelim, as per the rules.
Disposing the application, Justice N M Jamdar observed, “Considering the fact that the petitioner is not only an educational institution, but, is managed by a religious body, it is expected that the petitioner would take a sympathetic view on the request made by the respondent no.1, who is working in the institution since the last 20 years.The petitioner will also keep in mind the objective behind grant of such leave and that the occasion for a child care leave is a temporary phase in the service carrier of an employee.” The court stated that the petitioner will decide the application by giving adequate reasons.
The DSC had approached the high court and challenged the September 2014 order passed by Goa human rights commission (GHRC) that directed it to decide the application filed by the associate professor Audrey Fernandes for child care leave.
On May 2, 2014, Fernandes applied for child care leave from June 16, 2014, to May 2, 2015. This application was rejected by DSC on June 6, 2014. Fernandes approached the GHRC, which directed DSC to consider the application in five days.
RG Ramani, counsel for Fernandes, submitted that child care leave is a part of human rights and is not a service condition. While pointing out that the application was rejected by the petitioner without any reasons, the lawyer pointed out Fernandes faces hardship and it is difficult for her to look
after the child while attending to duties.
Senior advocate JE Coelho Pereira, who appeared for the petitioner, stated that the human rights commission will have no jurisdiction as grant of child care leave is a part of service conditions. He submitted that the application made by Fernandes was rightly rejected. Pereira also stated that the DSC is not averse to consider the fresh application to be made by Fernandes and as much possible sympathetic view will be taken as permissible under the rules.
The high court directed Fernandes to make an appropriate application to the petitioner within a period of one week. The application will be decided by the petitioner within a period of two weeks thereafter, the court ordered.