SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2021 Supreme(HP) 759

TARLOK SINGH CHAUHAN, SATYEN VAIDYA
Pratiba Himral, W/o. Shri Ashwani Raj Shah – Appellant
Versus
State of Himachal Pradesh, Through Secretary Health to the Government of H. P. – Respondent


Advocates Appeared:
For the Petitioner: Sh. Karan Singh Parmar.
For the Respondents:Sh. Ajay Vaidya, Senior Additional Advocate General.

ORDER :

CMP No.11621 of 2021.

For the reasons stated in the application, the amendment as prayed for, is allowed. Application stands disposed of.

Amended writ petition is taken on record.

CWP No. 1675 of 2021.

The instant petition has been filed for grant of the following substantive reliefs:-

    “(i) That the Notification dated 07.03.2012 (Annexure PA-1 substituted as Annexure P-7A may very kindly be quashed and set aside.

(ii) That the action of the respondents to deny maternity leave/Child Care Leave to the petitioner and order of recovery dated 08.02.2021 may be held illegal, wrong and respondents may be directed to pay the petitioner the payment for the period of 13.06.2020 to 25.09.2020 with the interest rate of 9% Annum on the account of recoveries made with all Consequential Benefits.

(iii) That the respondents may very kindly be directed to treat the period from 13.06.2020 to 25.09.2020 as a Service Period.

(iv) That the petitioner may also be held entitled for child care leave.”

2. The undisputed facts are that the petitioner adopted a female child on 11.03.2020, who was born on 25.02.2020.

3. Now, the moot question is whether the petitioner can claim the benefit of maternity leave of

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top