Statutory limits on Child Care Leave restricted to the two eldest surviving children under Rule 41-A of the J&K Civil Services (Leave) Rules, 1979, cannot be relaxed by judicial intervention or liberal interpretation, regardless of the children being twins.

ORDER

Per: - Ram Mohan Johri, Administrative Member

1. The applicant has filed the present Original Application under Section 19 of the Administrative Tribunals Act, 1985 seeking the following reliefs: -

a) “To quash and set aside the. order impugned bearing (1) No. UCB/2025/668 dated 20-03-2025 issued by respondent No. 2 whereby the application of the applicant for grant of Child Care Leave has been rejected.

b) To direct the respondents to grant Child Care Leave in favour of the applicant, in the interest of justice.

c) To allow the cost of the petition.

d) To pass any other order or direction which this Hon’ble Tribunal may deems fit in the present set of circumstances.

2. The facts of the case as averred by the applicant in her pleadings, are as follows: -

a) The applicant, Dr. Puja Nanda, is serving as an Associate Professor in the Higher Education Department and is presently posted at Government Degree College, Udhampur. She was initially appointed as Lecturer in December 2007 and, after rendering satisfactory service, came to be promoted as Associate Professor in December 2019. Prior to joining the Higher Education Department, she had also served as Lecturer (10+2) in the School Education Department.

b) The applicant was married in November 2004 and from the wedlock three children were born — twin daughters on 12.04.2006 and a son in January 2009, who is presently studying in Class XII. During her service tenure, the applicant availed Child Care Leave on several occasions and, as per her pleadings, had utilized a total of 263 days out of the permissible maximum of 730 days prescribed under Rule 41 -A of the Jammu and Kashmir Civil Services (Leave) Rules, 1979.

c) The applicant submitted an application dated 19.03.2025 seeking grant of Child Care Leave for taking care of her son, citing his academic commitments as well as his participation in national-level fencing tournaments. However, respondent No. 2, i.e., the Principal, Government Degree College, Udhampur, rejected the said request vide order dated 20.03.2025 on the ground that the applicant’s son is her third child, whereas the rule permits Child Care Leave only for the two eldest surviving children.

d) Aggrieved of the rejection order, the applicant approached this Tribunal by filing the present Original Application, inter alia contending that Child Care Leave is a beneficial social legislation meant to safeguard the interests of working mothers and minor children. It is further pleaded that the respondents failed to appreciate the spirit and object of Rule 41 -A and rejected the claim without proper application of mind. The applicant has also relied upon judicial pronouncements of the Hon’ble Supreme Court in Shalini Dharmani vs. State of Himachal Pradesh and Deepika Singh vs. CAT & Ors., to contend that such welfare provisions require liberal interpretation consistent with constitutional guarantees under Articles 14, 15 and 21.

e) The applicant has additionally pleaded that the birth of twins should not be treated as two separate children for the purpose of denying Child Care Leave in respect of the third child and that she had earlier been granted maternity leave at the time of birth of her son, which, according to her, supports her entitlement to Child Care Leave as well.

2. The respondents have filed their written statement wherein they have averred as follows: -

a) The respondents h