The Supreme Court held
that a woman employee of central govt can get uninterrupted leave for two
years, which also includes needs like examination and sickness. Reuters
The Supreme Court today held that a
woman employee of central government can get uninterrupted leave for two years
for child care, which also includes needs like examination and sickness.
A bench of justices S J Mukhopadhaya
and V Gopala Gowda set aside the order of Calcutta High Court which had held
that Central Civil Services (Leave) Rules do not permit uninterrupted CCL(Child
Care Leave) for 730 days.
"On perusal of circulars and
Rule 43-C, it is apparent that a woman government employee having minor children
below 18 years can avail CCL for maximum period of 730 days i.e. during the
entire service period for taking care of upto two children. The care of
children is not for rearing the smaller child but also to look after any of
their needs like examination, sickness etc," the bench said.
It said that CCL even beyond 730
days can be granted by combining other leave if due and the finding of the High
Court was based neither on Rule 43-C nor on guidelines issued by the central
government.
The court passed the order on a
petition filed by a woman government employee Kakali Ghosh challenging
government's decision not to grant her leave of 730 days for preparing her son
for secondary/senior examinations.
She had first approached Central
Administrative Tribunal Calcutta for getting leave. The tribunal had ordered in
her favour but the High Court reversed the order after which she moved the apex
court.
The apex court set aside the High
Court's order.
"We set aside the impugned
judgement dated September 18, 2012 passed by the Division Bench of Calcutta
High Court, Circuit Bench at Port Blair and affirm the judgement and order
dated April 30, 2012 passed by the Tribunal with a direction to the respondents
to comply with the directions issued by the Tribunal within three months from
the date of receipt/ production of this judgement," it said.
Source: http://www.financialexpress.com
