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CENTRAL ADMINISTRATIVE TRIBUNAL
Rajinder Singh Dogra, Judicial Member
Meenakshi Sharma – Appellant
Versus
Union Territory of J&K Through Commissioner/ Secretary to Govt. School Education Department – Respondent
| Table of Content |
|---|
| 1. applicant's service history and leave application details. (Para 1 , 2 , 5 , 6) |
| 2. respondents' defense on two-child maternity limit. (Para 3 , 7) |
| 3. framing issues and constitutional basis of maternity leave. (Para 8 , 9 , 10) |
| 4. distinction between maternity and child care leave. (Para 11 , 12 , 13) |
| 5. purposive interpretation mandates reasoned grant of leave. (Para 14 , 15 , 16) |
ORDER
Per: - Rajinder Singh Dogra, Judicial Member
1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -
a) “allow the instant Original Application;
b. quash the impugned order No. 160 bearing reference No. HSS/R/220(B) dated 24.07.2024 through the medium of which sanction was accorded for grant of child care leave to the applicant w.e.f. 22.07.2024 to 04.09.2024 instead of grant of maternity leave to the applicant, which the applicant applied for before the respondent no. 3;
c. direct the respondent no. 3 to grant maternity leave to the applicant for a period of 180 days w.e.f. 22.07.2024 to 17.01.2025;
d. direct the respondents to convert the child care leave illegally sanctioned in favour of the a
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