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VIVEK RUSIA
PRATIGYA TIWARI – Appellant
Versus
STATE OF Madhya Pradesh – Respondent
ORDER :
(VIVEK RUSIA, J.)
The issue involved in this petition is whether a woman Government employee can be permitted to travel abroad on Child Care Leave (hereinafter referred to as “CCL”) to take care of her minor child or not.
The facts of the case in short are as under :
2. The petitioner is working as a Middle School Teacher in the School Education Department. She applied for a grant of CCL for the period of 2 years to take care of her second son, for the leave of 2 years starting from 8-6-2023. In the said application she did not disclose that she wanted to travel to England for the education of her son. Vide office order dated 14-6-2023, she was granted two years’ CCL from 8-6-2023. Thereafter petitioner submitted another application to the Joint Director, Public Education Department seeking permission to travel abroad during CCL which came to be rejected vide order dated 10-8-2023 that there are no earned leaves available and there is no provision in the Rules for grant of permission for 2 years to travel abroad. Hence this writ petition before this Court.
3. Learned counsel for the petitioner submits that every woman Government employee is entitled to a maximum of 730 days of C
The court established that government employees on Child Care Leave are not explicitly restricted from traveling abroad, warranting a review of travel permission requests.
The court established that the lack of Child Care Leave for mothers of differently abled children infringes upon their constitutional rights, necessitating policy reform.
If a pure administrative circular/executive instruction is in conflict with certain rules and regulations, former would be bad in law.
Regulations for child care leave apply to all female employees, irrespective of employment status, reinforcing gender equality under Articles 14 and 16 of the Constitution.
The circular regulating foreign travel permits for court staff does not violate Articles 14 or 21 of the Constitution, as it serves a legitimate administrative purpose and does not unjustly discrimin....
Inaction of authorities in not communicating a decision within a reasonable time is illegal and unsustainable. Suspension cannot deprive an individual's liberty to travel abroad.
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