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