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ALEXANDER THOMAS, C. JAYACHANDRAN
Chairman And Managing Director, Bharat Sanchar Nigam Ltd. , Corporate Office, Sanchar Bhavan, Hc Mathur Lane, New Delhi – Appellant
Versus
C. R. Valsalakumari, W/o. Bhavadas. K – Respondent
JUDGMENT :
C. Jayachandran, J.
Whether Section 43-C of the Central Civil Service (Leave) Rules, 1972 (for short, 'CCS Rules”) read with Annexure A5(a) clarification (O.M.No.13018/2/2008) dated 29.9.2008 stipulates that the Child Care Leave (for short, 'CCL') facility is restricted to the two eldest surviving children alone, especially when such leave facility has not been availed in respect of the first two children, is the question involved in this O.P. In the order impugned, the Tribunal declared Annexure-A5(a) order as unconstitutional and granted relief to the third child of the applicant/employee in the given facts, which order is under challenge at the instance of the BSNL/employer.
2. The essential facts are referred as under:-
The applicant in the O.A. (1st respondent herein) is working as Telecom Mechanic in the Palakkad Telecom Division. She applied for CCL in respect of her third child, for a period of 176 days in different spells between 24.6.2013 and 10.10.2015, which was originally granted. However, as per Annexure-A2 communication issued by the Accounts Officer (4th respondent in the O.A.), the CCL availed by the applicant was directed to be regularised as against eligib
Article 18(3) require State to take all appropriate measures that children of working parents have right to benefit from child-care services and facilities for which they are eligible.
Statutory CCSL Rule 43-C prevails over institute circulars restricting CCL; promotes child care, cannot be denied arbitrarily citing staff shortages.
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....
Maternity leave entitlement based on actual prior availment, not mere child count; cannot be substituted by child care leave without reasoned order.
Spouse's children from prior marriage do not count against female servant's maternity leave entitlement for her biological child under CCS Rule 43; courts must purposively interpret to prioritize mot....
The refusal of maternity leave based on Rule 3 of Appendix XIIA was legally and factually faulty, and the Kerala Service Rules provide a liberalized legal machinery to protect the rights of pregnant ....
Child Care Leave under Rule 43-C is not absolute; requires prior sanction and cannot justify unauthorized prolonged absence, allowing Dies-Non and penalties.
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