Govt woman employee can get uninterrupted two-year leave for child care: SC.
Written By Admin on April 16, 2014 | Wednesday, April 16, 2014
The Supreme Court today held that a woman employee of central
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 not 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 upto two children. The care of children is not for
rearing the smaller child but also to look after any of their needs like
examination, sickness etc," the bench said.
It said that CCL even beyond 730 days can be granted by combining
other leave if due and the finding of the High Court was based neither
on Rule 43-C nor on guidelines issued by the central government.
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 days for preparing her son for secondary/senior
examinations.
She had first approached Central Administrative Tribunal Calcutta for
getting 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 High Court, Circuit Bench at Port
Blair and affirm the judgement and order dated April 30, 2012 passed by
the Tribunal with a direction to the respondents to comply with the
directions issued by the Tribunal within three months from the date of
receipt/ production of this judgement," it said.
Source: http://www.financialexpress.com
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