The court emphasized that Child Care Leave should be granted considering the welfare of the child and the rights of the mother, rejecting arbitrary denial of leave.

ORDER 

This application is filed by the applicant under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:

“a. Set aside the Official Memorandums dated 27.07.2022 at Annexure-A12 and 28.01.2023 at Annexure-A14 bearing reference No. NIMH/PER(2)/SB-NO/2022-23 and NO. NIMH/PER(2)/SB-NO/CCL/2022-23 issued by the Respondent No. 2 and Respondent No. 3 respectively as it is arbitrary, without application of mind and unjustified.

b. Direct the respondents to treat the applicant’s representation dated 27.04.2022 as Child Care Leave from 02.08.2021 to 05.11.2021 and 14.11.2021 to 30.12.2021.

c. Direct the respondents to grant applicant pay for the period concerned., i.e. from 02.08.2021 to 05.11.2021 and 14.11.2021 to 30.12.2021.

d. Direct the respondents to re-consider the applicant’s representation dated 10.12.2022 afresh and grant Child Care Leave for a period of three months from 14.03.3023.

e. Allow the cost of this application to the applicant.

f. To pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in the favour of the applicant and against the respondent in the interest of justice and equity.”

2. Though the applicant has sought for the aforesaid reliefs, vide memo dated 20.12.2024 filed by the learned counsel for the applicant, quashing of Official Memorandum dated 28.01.2023 (Annexure-A14) and also the consequential prayer at prayer (d) are not pressed.

3. The facts in brief are that the applicant was appointed to the position of Nursing Officer on 29.06.2015 with the Department of Clinical Nursing Services of the National Institute of Mental Health and Neuro Science (NIMHANS), Bengaluru. The applicant's doctor recommended total bed rest after delivery of the second child, as such, she made an application to the respondent for seeking maternity leave which was granted for a period of 180 days from 01.02.2021 to 30.07.2021, and directed to report to work on 31.07.2021 which was duly complied with by the applicant. The applicant being the mother of a daughter and a newborn son was facing hardship and difficulty in raising her infant, and accordingly, submitted an application on 01.08.2021 for Child Care Leave (CCL) for the period from 02.08.2021 to 05.11.2021. The respondent belatedly issued an Official Memorandum on 28.09.2021 sanctioning only 10 days as CCL. On 28.10.2021, the applicant once again requested for CCL from 14.11.2021 to 05.01.2022. No response was given by the respondent to the said application. In response to the Official Memorandum dated 28.09.2021, the applicant addressed a letter to the respondent on 09.11.2021, outlining her hardship and requesting the respondent to re-evaluate the length of her absence for child care. When the applicant failed to report back to duty, the respondent issued a show cause notice directing the applicant to return to work within five days of receiving the notice. As a result, the applicant reported to duty on 31.12.2021.

4. The respondent issued an Official Memorandum on 01.02.2022 stating that the applicant had returned to duty after taking 143 days of Extra Ordinary Leave (EOL) for domestic reasons between 02.08.2021 to 05.11.2021 and 14.11.2021 to 30.12.2021. Further, the Assistant Administrative Officer was instructed to make necessary arrangements to regularize her pay and allowances. On 27.04.2022, the applicant addressed a letter to the respondent requesting to sanction her CCL which was rejected vide memorandum dated 27.07.2022. Further request of the applicant for CCL from 10.01.2023 to 04.04.2023 has been rejected by the respondents vide Official Memorandum dated 28.01.2023. Being aggrieved by the aforesaid OMs dated 27.07.2022 (Annexure-A12) and 28.01.2023 (Annexure-A14) though the applicant had preferred the present OA, now the challenge is restricted only to the OM dated 27.07.2022 (Annexure-A12) since the applicant claims that she reported to duty from 10.01.2023 to 04.04.2023 sans pursuing fo