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2017 Supreme(P&H) 1203

AMOL RATTAN SINGH
Kanchan Bala – Appellant
Versus
State of Haryana – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:Mr. Abhishek Sethi, Advocate
For the Respondents:Mr. R.K. Doon, Addl. Advocate General, Mr. Anurag Goyal, Advocate

Judgement Key Points

Certainly. Based on the provided legal document, here are the key points summarized:

  1. The court emphasized that the government cannot deny a right recognized by law due to its own fault. In this case, despite objections, the court ordered the grant of child care leave to the petitioner, a medical officer, considering the importance of her daughter's crucial academic year (!) (!) .

  2. The petitioner was initially denied child care leave due to a shortage of medical specialists at the hospital. The government’s objection was based on this insufficiency, but the court found this reasoning irrational and ordered the leave to be granted (!) .

  3. The court directed the government to employ a medical specialist on a contract basis to prevent disruption of medical aid, ensuring that public service and healthcare provisions are maintained during the petitioner’s leave (!) .

  4. The court noted that the government delayed addressing the requisition for recruitment of medical officers, which contributed to the shortage and the denial of leave. The court held that the government cannot benefit from its own delay or fault in such matters (!) .

  5. The court recognized the importance of the petitioner’s child's academic year, especially as it influences future professional opportunities, and deemed the government's stand as irrational under these circumstances (!) .

  6. The order granted the petitioner child care leave for a period up to the child's 18th birthday or until her last exam, whichever is earlier, with a 15-day window for the leave to commence to allow the government time to engage a contract doctor (!) .

  7. The court also directed the government to make arrangements for employing a medical specialist on a contract basis within 10 days to ensure continued medical aid and prevent public service disruption (!) .

Please let me know if you need further analysis or specific legal advice related to this document.


JUDGMENT :

Amol Rattan Singh, J.

1. As noticed in the order dated 09.10.2017, the Principal Secretary to the Government of Haryana, Department of Labour, has filed an affidavit, stating in response to the previous order dated 29.09.2017, that though a requisition was sent for recruitment of Medical Officers to the Haryana Public Service Commission (HPSC) and an objection thereto was raised in the month of October 2016, i.e. one year ago, which objection has been removed with a fresh requisition sent on 29.09.2017 (obviously after a query had been made by this Court vide its order dated 25.09.2017).

2. Thus, the petitioner is being denied child care leave on the ground that there are insufficient number of Medical Specialists available in the ESI Hospital at Jagadhari, with only one other Medical Specialist available other than the petitioner.

3. Whereas, very obviously this Court is fully aware of the fact that allowing the petitioner to avail of child care leave eventually makes the public suffer, as regards medical aid, what is impossible to ignore is the fact that the Government kept sitting on the objections raised by the HPSC as regards a requisition sent more than one year ago fo










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