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2023 Supreme(Chh) 374

SANJAY K. AGRAWAL, RADHAKISHAN AGRAWAL
Deputy Commissioner, Kendriya Vidyalaya Sangathan Chhattisgarh Region – Appellant
Versus
Chumki Saha W/o. Dr. S. K. Saha – Respondent


Advocates Appeared:
For the Petitioners: Ms. Deepali Pandey.
For the Respondents: Ms. Chumki Saha, Ms. Anmol Sharma.

ORDER :

Sanjay K. Agrawal, J.

1. The instant writ petition is directed against order dated 9th February, 2023 passed by the Central Administrative Tribunal, Jabalpur Bench, Circuit Sitting – Bilaspur, by which Original Application No.203/00753/2017 filed by respondent No.1 herein has been allowed and order dated 15.11.2016 has been set aside and the period of absence from duty of respondent No.1 from 24.06.2009 to 18.09.2009 and from 17.11.2009 to 18.02.2010 has been directed to be regularized and further been directed to disburse the salary for the said period to respondent No.1.

2. The challenge to the impugned order has been made in following factual backdrop:-

2.1 That respondent No.1 while working as Post Graduate Teacher (PGT) at Kendriya Vidyalalya No.1 Raipur run by Kendriya Vidyalaya Sangathan (for short 'KVS') applied for child care leave (for short 'CCL') on 24.02.2009 w.e.f. 22.06.2009 to 30.04.2010 which was not responded by the KVS, Raipur leading to which she filed another application dated 28.03.2009 reiterating her request and the same was allowed by the then Principal and accordingly from 24.06.2009 to 18.09.2009 and from 17.11.2009 to 18.02.2010 she was on CCL. Howev

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