9:40 PM
Govt woman employee can get uninterrupted two-year leave for child care: SG
THE Supreme Court on Tuesday held that a woman employee of Cemral Government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness. A bench of justices S J Mukhopadhaya and V Gopala Gowda set aside the order of Calcutta High Court which had held that Central Civil
Services (Leave) Rules do nut permit uninterrupted CCL(Child Care Leave) for 730 days.
"On perusal of circulars and Rule 43-C. it is apparent that a woman Government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of up to two children. The care of children is not for rearing the .smaller child but also 10 look after any of their needs like examination, sickness etc." the bench
said. It said that CCL even beyond 730 days can he granted by combining other leave if due and the finding of the HC was based neither on Rule 43-C nor on guidelines issued by the Cente.
The court passed the order on a petition filed by a woman Government employee Kakali Ghosh challenging Government's decision not to grant her leave of 730 for preparing her .son for secondary/senior examinations. She had first approached Central Administrative Tribunal Calcutta forgetting leave. The tribunal had ordered in her favour but the High Court reversed the order after which she moved the apex court.
The apex court set aside the High Court's order.
"We set aside the impugned judgement dated September 18.2012 passed by the Division Bench of Calcutta HC. Circuit Bench at Port Blair and affirm the judgement and order dated April 30. 2012 passed by die Tribunal with a direction to the respondents to comply with tie directions issued by Ihe Tribunal within three months." it said.
Services (Leave) Rules do nut permit uninterrupted CCL(Child Care Leave) for 730 days.
"On perusal of circulars and Rule 43-C. it is apparent that a woman Government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of up to two children. The care of children is not for rearing the .smaller child but also 10 look after any of their needs like examination, sickness etc." the bench
said. It said that CCL even beyond 730 days can he granted by combining other leave if due and the finding of the HC was based neither on Rule 43-C nor on guidelines issued by the Cente.
The court passed the order on a petition filed by a woman Government employee Kakali Ghosh challenging Government's decision not to grant her leave of 730 for preparing her .son for secondary/senior examinations. She had first approached Central Administrative Tribunal Calcutta forgetting leave. The tribunal had ordered in her favour but the High Court reversed the order after which she moved the apex court.
The apex court set aside the High Court's order.
"We set aside the impugned judgement dated September 18.2012 passed by the Division Bench of Calcutta HC. Circuit Bench at Port Blair and affirm the judgement and order dated April 30. 2012 passed by die Tribunal with a direction to the respondents to comply with tie directions issued by Ihe Tribunal within three months." it said.
Posted in: News 2014
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