Extraordinary leave may be granted under exceptional circumstances, and denial of such leave must be justified under established rules.

ORDER

Hon’ble Mr. Manish Garg, Member (J):-

In the present Original Application, filed under Section 19 of the Administrative Tribunals Act, 1985, the applicant has prayed for the following relief(s):

“(i) That the Hon'ble Tribunal may graciously be pleased to pass an order of quashing the impugned orders dated 01.06.2022, 28.06.2022 and 22.11.2022 declaring to the effect that the same are illegal and arbitrary and consequently, pass an order directing the respondents to consider and to grant the extra ordinary leave to the applicant upto Aug. 2023 or any other period after taking the second medical opinion of the competent medical authorities.

(ii)Any other relief which the Hon'ble Tribunal deem fit and proper may also be granted to the applicants along with the costs of litigation.”

2. Highlighting the facts of the case, learned counsel for the applicant submitted that the applicant is a Senior Scientific Officer in the Central Forensic Science Laboratory of the Central Bureau of Investigation. The applicant is aggrieved that her request for sanction of Extra Ordinary Leave (EOL) has been rejected vide the impugned order dated 01.06.2022. Learned counsel for the applicant requested for adjudication upon the prayer for interim relief which reads as under:

“The Hon’ble Tribunal may graciously be pleased to pass an order of restraining the respondents to take any disciplinary action against the applicant in compliance of the impugned order dated 22.11.2022 till the final disposal of the main O.A.”

2.1. It is not in dispute that the applicant went on maternity leave during the year 2020 and after giving birth to a son, joined the duties on 12.05.2022. However, learned counsel for the applicant submits that due to a serious ailment the applicant’s new born son is suffering, she had to take leave for his treatment and the doctors had opined that it may take nearly an year for the child to recover. He submits that the husband of the applicant is an officer of the Indian Air Force who is posted at Srinagar and it is not possible for him, considering the onerous nature of his responsibility to take long leave for the treatment of the child. He further submits that her situation is extra ordinary and it is essential for her to remain on leave for some time to save the life and future of the child. It is in the background of these circumstances that she applied for Extra Ordinary Leave and has been seeking its extension till her child is cured. Learned counsel for the applicant argues that the entire purpose of EOL as clearly evident from the provisions of Rule 12 of CCS CCA Rules, 1972, is that such leave is granted up to 5 years in exceptional circumstances and there could be no more serious exceptional circumstances than the ailment of a minor child and further, there could be no greater responsibility for a mother than to tend and care for the ailing child by providing motherly nursing care.

2.2. Learned counsel for the applicant further submitted that vide order of this Tribunal dated 09.12.2022 an interim order was passed, which reads as under:

“In the circumstances, I have no hesitation in allowing the prayer for interim relief as sought for in the present O.A. with a categorical direction to the respondents that they shall not take any coercive action, including disciplinary proceedings against the applicant in pursuance to their order dated 01.06.2022 impugned in this O.A. till the O.A. is decided by this Tribunal.”

2.3. A query was put to the applicant’ counsel during the course of the hearing that when did the applicant resume her duties during the pendency of the present O.A. He has clarified that the applicant has been working since 02.11.2023. It has been further averred by the learned counsel for the applicant that vide impugned order, the respondents have rejected the prayer of the applicant for grant of Extra EOL for another six months. In support of his arguments, he drew attention to the relevant rules and instructions in this