A.S. Oka, J.

The Petitioner is an unfortunate mother of 8 year old female child Hetal who is suffering from Cerebral Palsy Diplegia since her birth. On 19th May 2014, the All India Institute of Physical Medicine and Rehabilitation has issued a medical certificate in the prescribed form certifying that Hetal is physically disabled and has 60% permanent physical impairment. The Petitioner is in the employment of the Court of Small Causes at Mumbai as the Stenographer (HG).

2. The Petitioner is relying upon Rule 43C of the Central Civil Services (Leave) Rules, 1972 (for short “the Central Rules”) as amended in the year 2009. Rule 43C reads thus:

“43C. Child care leave.-(1) A woman Government servant having minor children below the age of eighteen years and who has no earned leave at her credit, may be granted child care leave by an authority competent to grant leave, for a maximum period of two years i.e. 730 days during the entire service for taking care of up to two children whether for rearing or to look after any of their needs like examination, sickness, etc.

(2) During the period of child care leave, she shall be paid leave salary equal to the pay drawn immediately before