TEJINDER SINGH DHINDSA, J. (ORAL)
The petitioner is serving as a JBT Teacher under the Haryana Education Department. The petitioner's wife was also holding the same post of JBT Teacher. Out of the wedlock a female child was born on 08.04.2012 Unfortunately, the wife of the petitioner died on 10.04.2012 on account of certain medical complications during delivery. Faced with such unfortunate and pressing circumstances, the present writ petition has been filed praying for the issuance of a writ in the nature of mandamus for directing the respondent-Authorities to consider the claim of the petitioners for grant of child care leave/paternity leave.
Counsel for the petitioner very fairly concedes that as of date in the State of Haryana there are no statutory provisions/instructions as regards the grant of paternity leave/child care leave to a father.
The claim raised in the present writ petition essentially lies within the domain of policy making. It is for the respondent-State to consider such matter and to take a decision if at all for the grant of paternity leave/child care leave to a father. This Court in exercise of its extraordinary jurisdiction under Article 226 of the Constitution of India would not enter into the sphere of policy making in such regard.
Faced with such a situation, counsel for the petitioner prays that he may be permitted to withdraw the instant writ petition with liberty to approach the respondent-Authorities/competent authority for the redressal of his grievance.
Prayer allowed.
The present writ petition is dismissed as withdrawn with liberty as prayed for.