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CENTRAL ADMINISTRATIVE TRIBUNAL
S Sujatha, J, Rakesh Kumar Gupta, A
Anitha Joseph – Appellant
Versus
National Institute of Mental Health and Neuro Sciences – Respondent
| Table of Content |
|---|
| 1. applicant sought ccl post-maternity leave. (Para 2) |
| 2. rule 43-c entitles ccl; liberal construction required. (Para 3 , 4) |
| 3. rejection due to staff shortage and guidelines. (Para 5 , 6) |
| 4. statutory rule 43-c quoted; prevails over circulars. (Para 8 , 9 , 10) |
| 5. beneficial ccl cannot be denied arbitrarily; constitutional basis. (Para 11 , 12 , 13 , 14 , 15 , 16) |
| 6. oa allowed; ccl directed. (Para 17) |
ORDER (ORAL)
Per: Justice S.Sujatha ...........Member(J)
The applicant has filed this application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs:
“a. Set aside the Official Memorandum dated 02.01.2023 bearing No.NIMH/PER(2)/AJ-NO/2022-23 issued by the Respondent No.2, as it is arbitrary, without application of mind and unjustified. (vide Annexure A4).
b. Direct the Respondents to consider the Applicant’s Representation dated 13.01.2023 to grant Child Care Leave from 14.01.2023 to 14.05.2023.
c. Allow the cost of this application to the applicant.
d. To pass such other orders or reliefs as deemed fit and proper in the facts and circumstances of the case in favour of the applicant and against the respondent in the interest of justice and
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