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 equity.”

2. Briefly stated the facts as narrated by the applicant are that she was appointed to the post of Nursing Officer on 30.05.2016 in Emergency ICU Department at National Institute of Mental Health and Neuro Sciences (NIMHANS), Bengaluru. The applicant availed the maternity leave for a period of 180 days from 18.07.2022 to 13.01.2023 after the birth of her daughter in July, 2022. The applicant requested/appli