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2024 Supreme(UK) 486
IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
PANKAJ PUROHIT, J.
Manisha Negi – Petitioner
Versus
State of Uttarakhand and Others – Respondents
Writ Petition (S/S) No. 312 of 2024
Decided On : 29-02-2024
Advocate Appeared:
For the Petitioners: M.C. Pant, Syed Nadim.
For the Respondent: Pradeep Hairiya.
IMPORTANT POINT
The court established that the welfare of the child is a critical consideration in the granting of Child Care Leave, which can override the discretionary limits set by government policy.
Headnote:
CHILD CARE LEAVE - GOVERNMENT EMPLOYEE - The court emphasized the paramount interest of the child in granting Child Care Leave (CCL) to a single mother, interpreting the relevant government order to allow for a longer leave period due to the child's health issues, despite CCL being discretionary.
Fact of the Case:
The petitioner, a single mother and Head Constable, sought Child Care Leave for 4 months to care for her daughter, who was suffering from psychological issues. The application was not approved by the respondent, prompting the petitioner to approach the court.
Finding of the Court:
The court found that the child's health and well-being were of utmost importance, supported by medical advice indicating the need for the mother's presence. The court acknowledged that while CCL is discretionary, the circumstances warranted an exception.
Issues: Whether the petitioner is entitled to Child Care Leave despite the discretionary nature of such leave as per the government order, considering the child's health needs.
Ratio Decidendi: The court held that the best interest of the child is a significant factor in determining the grant of Child Care Leave, and in this case, the medical evidence justified an extended leave period.
Result: The writ petition was allowed, directing the respondent to grant the petitioner 45 days of Child Care Leave within three days of the order.
JUDGMENT :
PANKAJ PUROHIT, J.
1. By means of this writ petition, petitioner has sought the indulgence of this Court, seeking a direction to the respondent No.3 to grant her Child Care Leave.
2. It is the case of the petitioner that the petitioner is presently posted as Head Constable L.I.U. at Uttarkashi. The petitioner is a single mother having five-year-old daughter. Her daughter stays with her mother Smt. Sushila Negi, who is herself 73 years’ old.
3. Petitioner had moved an application to respondent No.3 to grant her Child Care Leave (CCL) of 04 months w.e.f. 21.02.2024, in accordance with the Government Order dated 01.06.2023, which makes Child Care Leave (CCL) available/admissible to the Women Government Servants.
4. The application was moved by the petitioner on the ground that her daughter is not keeping good health and is suffering from some psychological problem and as per the advice of the Doctor of Max Hospital, she needs the company of her mother for proper upbringing and to tide over the psychological problem she is facing.
5. Respondent No.3 has not so far approved the application of the petitioner for Child Care Leave and the petitioner is before this Court.
6. Today, learned State Counsel submits written instruction dated 29.02.2024, which is taken on record. According to the said instruction, learned State Counsel submits that the respondent can only grant Child Care Leave to the petitioner as per Clause-V of the Government Order as referred above, according to which, Child Care Leave is granted once for 5 days to 120 days keeping in view the incoming parliamentary elections.
7. Having heard learned counsel for the parties and having perused the writ petition particularly, the medical certificate, which is annexed with the writ petition, it appears to this Court that one should not be oblivious to the interest of the child, which is paramount in nature.
8. From the medical certificate of the daughter of the petitioner, which annexed as Annexure No.5 of the writ petition, Doctor has advised that the child needs to stay with mother for proper care, as she was undergoing the depressive episodes. At the same time, Court is also aware of the fact that Child Care Leave is not a right of the employee rather it is subject to the discretion and disposal of the Appointing Authority of the government servant.
9. But, since the daughter of the petitioner is not keeping good health and certificate with that effect is on record, this Court is of the opinion that the petitioner deserves 45 days’ Child Care Leave (CCL) to look after her daughter, who is undergoing with the depression issues.
10. Accordingly, writ petition is allowed with a direction to respondent No.3 to grant 45 days’ Child Care Leave to the petitioner immediately within a period of three days’ from the date of production of certified copy of this order.
11. Pending applications, if any, stands disposed of accordingly.
