1. Lata Goyal W/o Shri Ravindra Goyal Aged About 46 Years Working As Assistant Administrative Officer, IIM Raipur, R/o HIG 1 , Sector 29 Atal Nagar Naya Raipur , District Raipur, Chhattisgarh.

... Petitioner

versus

1. The Union Of India Through Its Secretary, Ministry Of Education, Government Of India , 124-C Shastri Bhawan, New Delhi

2. Indian Institute of Management (IIM) Through its Director, Atal Nagar, PO Kurru, Abhanpur, Raipur , Chhattisgarh

... Respondents

(Cause title is taken from Case Information System)

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For Petitioner : Shri Abhishek Sinha, Sr. Adv. with Ms Khushboo Naresh Dua, Advocate

For Resp. No.1/UOI : None

For Resp.No.2/IIM : Shri Kishore Bhaduri, Sr.Adv. with Shri Sabyasachi Bhaduri & Shri Harsh Dave, Advocates

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C A V Order

By Bibhu Datta Guru, J.

1. By the present writ petition, the petitioner is seeking for the following reliefs :

10.1. That the Hon'ble Court may kindly be pleased to declare/hold that Child Adoption Leave and Child Care Leave as per Central Civil Services (Leave) Rules 1972 are applicable to the petitioner and other women employees of IIM Raipur in absence of there being any contrary inconsistent provision in their regulation.

10.2. That the Hon'ble Court may kindly be pleased to quash/set aside the decision communicated vide communication dated 18.12.2023, 03.01.2024 and 24.01.2024 (Annexure P-1) denying the Child Adoption and Child Care Leave to the petitioner for being arbitrary, illegal, and unconstitutional.

10.3. That the Hon'ble Court may kindly be pleased to pass appropriate writ, order and direction granting petitioner Child Adoption Leave and commuted Leave as per the Rules 43(b) of Central Civil Services Leave Rules 1972.

10.4 That the Hon'ble Court may kindly be pleased to issue appropriate writ, direction and order for Child Care Leave to the petitioner as per 43(c) of Central Civil Services Leave Rules 1972.

10.5. That the Hon'ble Court may kindly be pleased to issue appropriate writ, direction and order for grant of remaining days of 96 days of Child Adoption Leave as per 43(b) Central Civil Services Leave Rules 1972.

10.6 That the Hon'ble Court may kindly be pleased to adjust 96 days of earned leave and counted as Child Adoption Leave in place of earned leave.

10.7 That, this Hon'ble Court may kindly be pleased to grant any other relief, which this Hon'ble Court may deem fit and proper may also be awarded to the petitioners including the cost of the petition.”

(a) Learned senior counsel appearing for the petitioner would submit that the petitioner appointed in the establishment of the respondent No.2/ Indian Institute of Management (IIM), Raipur in the year 2013 and presently holding the post of Assistant Administrative Officer. He would submit that the marriage of the petitioner was solemnized in the year 2006 and since the couple was not having any issue from the wedlock, on 20.11.2023 they adopted an infant girl child of two days. Thereafter, the petitioner applied for grant of Child Adoption Leave for 180 days with effect from 20.11.2023. The respondent authorities without appreciating the facts and circumstances of the case by the order impugned dated 18.12.2023 denied the said leave stating that as per the institute's HR policy, there is no provision. However, under the head of commuted leave, the institute policy provides a maximum of 60 days leave to female staff with less than two living children who adopt a child less than one year old. Therefore, they granted the commuted leave for a period of 60 days from 20.11.2023 to 18.11.2024.

(b) Learned counsel would submit that the said impugned action on the part of the respondent authorities is contrary to the Central Civil Services (Leave) Rules. He would submit that the HR policy categorically of the respondent No.2 provides that w