Although the mother gives birth to a child, father’s role cannot be denied. The fact remains that the mother bears the total complete physical pain in carrying the child months together, and then the last pain at the time of the delivery. She needs lots of care post natal period, and for that no one other than her husband could be more useful.
Chandramohan Jain is an employee of Bagrodia Public school, and took the paternity leave to be with his wife after the delivery in December 2008 for post delivery care. When he resumed his duty, he found that the leave period has been considered as unpaid leave. On asking the reason for salary deduction, the school authority informed that the school has no provision of paternity leave.
Knowing that the Delhi Education Act and Rules has provisions for paternity leave, and government schools enjoy this facility – he took up the matter with appropriate authority. In the ensuing case, the state government was asked to clarify about the rule, and state government replied in positive. Justice Sunil Gaur while accepting the state government’s words directed the private schools to follow the same rules as have been provided in Delhi Education Act and Rules.
According to the Act, all unaided schools in the capital are supposed to give salary, allowance, leave, and other benefits to their employees corresponding to the benefits governments schools get.
The Delhi Education Act and Rules included this provision after the Central Government notified the paternity leave for a period of two weeks in 1999. The High Court’s directive is binding to all the private schools.