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Calcutta High CourtWPA/28413/2025disposed

Mousumi Das v. State Of West Bengal And ORS.

2026-01-20Hon'Ble Justice Saugata Bhattacharyya3 pages

20.01.2026 rkd W.P.A. 28413 of 2025 Ct.02 DO Mousumi Das -vsThe State of West Bengal & Ors.

Mr. Biswaranjan Bhakat, Mr. Somnath Chattopadhyay, Ms. Shivani Pandey ....for the petitioner.

Ms. Sanjukta Samanta ....for the State.

1.

In terms of the order dated 22nd December, 2025 learned advocate representing State respondents has filed a report dated 14th January, 2026 signed by District Social Welfare Officer, Malda and same is taken on record.

2.

From the said report dated 14th January, 2026, it appears that petitioner is working in Shaishali Shishu Kanya Abas, Malda and was sanctioned maternity leave from 10th June, 2025.

3.

As petitioner is praying for payment of service benefits during the period petitioner availed of maternity leave Superintendent cum DDO of aforesaid Children Home for Girls, Malda vide letter dated 21st July, 2025 shought for necessary guidance from Director of Child Rights & Trafficking relating to payment of service benefits during the period petitioner availed of maternity

leave.

4.

Such letter dated 21st July, 2025 is enclosed to the report dated 14th January, 2026 which is filed today.

5.

Since Director of Child Rights & Trafficking has been requested by the Superintendent cum DDO of the concerned Child Home to give necessary instruction, Court directs Director of Child Rights & Trafficking to decide the claim of the petitioner as petitioner is seeking release of service benefits during the period she availed of maternity leave, by eight weeks from the date of communication of this order.

6.

Petitioner shall serve copy of the writ petition and the order passed today upon the Director of Child Rights & Trafficking by seven days from date. 7.

Director of Child Rights & Trafficking shall pass a reasoned decision and same shall be communicated to the petitioner by fortnight thereafter.

8.

Leave is granted to the learned advocate representing the petitioner to amend the cause title of this writ petition and add Director of Child Rights & Trafficking as additional respondent in course of this day.

9.

However, service of notice upon the additional

respondent stands dispensed with since State respondents are represented by learned advocate. 10.

The writ petition stands disposed of.

11. There shall be no order as to costs.

12. Urgent photostat certified copy of this order, if applied for, be given to the learned Advocates for the parties on the usual undertakings.

(Saugata Bhattacharyya, J.)