Child Care Leave is a constitutional entitlement that promotes women's workforce participation and cannot be denied on technicalities or without proper consideration.

ORDER (Oral)

The applicant herein is aggrieved by the impugned order dated 11.02.2021 passed by the respondent no. 3, whereby it is sought to recover a certain amount in respect of the applicant for the period from 19.04.2019 to 31.05.2020 alongwith interest thereon. Aggrieved by this impugned order the applicant has filed this O.A. seeking the following reliefs under section 19 of the Administrative Tribunals Act, 1985 :-

“(a) Quash and set aside the order dated 11.02.2021 passed by the Respondent No.3;

(b) Direct the Respondents to release all salaries payable to the applicant with interest and not to deduct any amount from her salary; and/or

(c) Issue such other/direction as may be deemed appropriate in the facts and circumstances of the case.”

2. The brief undisputed factual matrix of the case is that the applicant was initially appointed in the respondent’s organization on 26.12.2017 and thereafter she physically joined on 06.02.2018 as a Welfare Officer on probation for a period of two years. She applied for maternity leave vide her application dated 18.10.2018 w.e.f. 19.10.2018 to 18.04.2019 and left the station to Mumbai for availing her maternity leave.

2.1 Subsequently, while availing her sanctioned maternity leave she sent an application for Child Care Leave (CCL) in continuation of her maternity leave w.e.f. 19.04.2019 to 18.04.2020, by way of her letter dated 01.04.2019 and an email dated 04.04.2019.

3. It is the contention of the learned counsel for the applicant that respondents did not act upon this request for grant of CCL contained in applicant’s letters dated 01.04.2019 and 04.04.2019; however they were deducting the transport allowance during the period of her CCL w.e.f. 19.04.2019 leading her to presume that her CCL has been granted because as per Rules while an employee is availing CCL he or she is not expected to receive transport allowance. When the applicant submitted her joining report through post after availing CCL on 20.04.2020 claiming that due to Covid conditions it was not possible for her to join office physically, as her residence located in a housing society is sealed due to Covid and therefore she requested the authorities to consider her letter as a joining report. However, the respondents directed her to physically join the duty and finally when she expressed her inability to join the duty physically on 30.04.2020, respondent no. 4 rejected her request for CCL by their letter dated 06.05.2020. Then the applicant once again wrote on 07.05.2020 seeking CCL citing Covid restrictions and her inability to join office physically. Thereafter, she was in correspondence with the respondents by her letters dated 06.08.2020, 07.08.2020 and 13.08.2020, regarding the manner of her joining whether it should be physical or not. While the applicant was corresponding with the respondents without any resolution of the matter, suddenly on 20.10.2020 the applicant’s salary was stopped without any prior intimation for the months of June to September, 2020 and a show cause notice dated 14.12.2020 was issued to the applicant by respondent no. 3, wherein she was given 3 days notice for having proceeded on CCL and leaving the station during her maternity leave without sanction of CCL/station leave. She was also informed by the show cause notice that, if no satisfactory reply is forthcoming from the applicant her entire leave will be treated as dies-non due to her un- authorised absence from duty and also leading to disciplinary proceedings as deemed fit as per the CCS Conduct Rules, 1965. Applicant vide her letter dated 21.12.2020 explained the reasons why she could not physically come and join duty and requested for her for CCL to be sanctioned.

4. Learned counsel