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KRISHNA S. DIXIT, C. M. JOSHI
National Institute Of Mental Health And Neurosciences (NIMHANS), Represented By Its Director Dr. Prathima Murthy – Appellant
Versus
S. Anitha Joseph, D/o. Sri M. R. Joseph M. S. – Respondent
ORDER :
(Krishna S. Dixit, J.)
Petitioner-NIMHANS, is knocking at the doors of Writ Court for assailing Central Administrative Tribunal's order dated 14.02.2024 whereby, respondents Original Application No.18/2023 having been favoured, it has been 'directed to consider grant of Child Care Leave from 14.1.2023 to 14.5.2023 for a period of 120 days and extend CCL benefits' within eight weeks.
2. Learned Panel Counsel appearing for the petitioner passionately submits that any leave is not a matter of right; whether application for leave should be granted or not involves a host of factors which are not judicially determinable; granting such a long leave would create difficulties in the ICU wherein, the respondent-employee is working; in any event, relief of the kind could not have been accorded to the employee. So arguing, he seeks invalidation of the impugned order. Learned counsel appearing for the respondent-employee resists the petition making submission in justification of the impugned order and the reasons on which it has been constructed. In support of his resistance, he places reliance on an interim order of the Apex Court in SHALINI DHARMANI vs. STATE OF H.P., 2024 SCC OnLine S
Child Care Leave is justiciable and essential for the welfare of lactating mothers, emphasizing the employer's duty to act as a model employer in a Welfare State.
Statutory CCSL Rule 43-C prevails over institute circulars restricting CCL; promotes child care, cannot be denied arbitrarily citing staff shortages.
The main legal point established in the judgment is the entitlement of a female government servant to maternity leave under Rule 43 of the Central Civil Services (Leave) Rules 1972, emphasizing a pur....
Regulations for child care leave apply to all female employees, irrespective of employment status, reinforcing gender equality under Articles 14 and 16 of the Constitution.
Maternity leave under CCS(Leave) Rules Rule 43 granted for third biological child via purposive interpretation, limited to 12 weeks guided by Maternity Benefit Act, considering divorce, child disabil....
Point of Law : According to Article 42 of Constitution of India, “State is required to make provision for securing just and humane conditions of work and for maternity relief”.
Maternity leave is a reproductive right under Article 21 of the Constitution, and restrictive state policies must not obstruct such entitlements, as aligned with international standards.
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