O R D E R(Oral)

Per: SURESH KUMAR BATRA, MEMBER (J):

1. The applicant has filed instant O.A under Section 19 of the Central Administrative Tribunals Act, 1985 seeking following relief: i. Declare the action of respondents in not sanctioning to applicant Child Care Leave w.e.f. 20.2.2025 to 20.3.2025 (29 days) in respect of her Daughter (Ms. Neer) studying in Class IX in Sacred Heart Senior Secondary School, Sector 26, Chandigarh and Son (Vansh Garg) who is in St. Anne’s Convent School, Sector 32, Chandigarh, which is likely to be rejected as was done by the respondent in 2022 on the ground that it is not covered by instructions dated 29.2.2016 which is violation of Article 21 of the Constitution of India, illegal, arbitrary, discriminatory, against legitimate expectations and cannot be sustained in the eyes of law.

ii. Issue direction to the respondents to grant the applicant Child Care Leave w.e.f. 20.2.2025 to 20.3.2025 (29 days) in respect of her Daughter (Ms. Neer) studying in Class IX in Sacred Heart Senior Secondary School, Sector 26, Chandigarh and Son (Vansh Garg) who is in St. Anne’s Convent School, Sector 32, Chandigarh.“

2. The brief facts of the case are that the applicant joined service on

14.12.2015 as Junior Basic Teacher on regular basis in Department of Education, U.T Chandigarh. The applicant continues to be under extended probation as per order dated 12.07.2017. The applicant has a school going daughter and son. The annual examination of one child i.e. daughter Ms. Neer is going to be held for class IX during the period 20.02.2025 to 08.03.2025 and for other child i.e. son, Master Vansh for Class VI during the period from 07.03.2025 to 31.03.2025. The applicant has not taken any Child Care Leave till date. The applicant submitted that as per the instructions dated 28.10.2022 issued by the respondents on child care leave, “A woman Government servant having minor children below the age of eighteen years may be granted child care leave by an authority competent to grant leave, for a maximum period of two years, i.e., 790 days during the entire service for taking care of upto two children whether for rearing or to look after any of their needs like examination, sickness, etc.” The applicant has relied on the judgment of Hon’ble Supreme Court in the case of Deepika Singh vs. Central Administrative Tribunal and others (2022) SCC Online SC 1088 and order of this Tribunal in O.A.No.060/827/2023 titled SARIKA DEVI Vs EDUCATION DEPTT., UT CHANDIGARH wherein, this Tribunal granted stay and directed the respondents to allow applicant to avail child care leave as per rules

3. The applicant applied for grant of child care leave vide application dated

06.02.2025 (Annexure A-9) and same was forwarded by respondents vide letter dated 06.02.2025, (Annexure A-10). Learned counsel for the applicant submits that the applicant will be satisfied, if, the respondents are directed to consider and decide the child care leave application dated

06.02.2025 expeditiously.

4. Ms. Jyotika Panesar appearing as proxy for Mr. Arvind Moudgil on behalf of the respondents and submits that the request of applicant by way of Annexure A-10 duly recommended by the competent authority is pending with the respondent No.3 and is under consideration.

5. In view of the aforesaid, I deem it appropriate to dispose of the original application with direction to the respondents to expeditiously decide the leave application dated 06.02.2025 of the application in terms of the ration of Annexure A-11 and as per the relevant rules on the subject by passing a speaking order before date of commencement of leave.

6. The O.A is disposed of accordingly.

(SURESH KUMAR BATRA)

Member (J)

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