The Punjab and Haryana High Court has made it clear that child care
leave has to be applied for in advance by a woman employee working with
the Haryana Government.
Justice Rajiv Narain Raina of the High Court has also made it clear that
it can be availed after the go-ahead by the authorities concerned. The
permission for child care leave cannot be granted ex post facto (with
retrospective force).
The development is significant as Haryana Government rules make it clear
that child care leave is admissible to a woman government employee for a
maximum period of two years or 730 days during her entire service for
taking care of her surviving children.
It is permissible only for the first two children of the government
employee. Their age has to be below 18 years for the mother to avail the
leave.
The ruling by Justice Raina came on a petition by Shashi Bala against
the state and other respondents. A government employee, she moved the
High Court after the department concerned refused to grant ex post facto
permission for child care leave.
Taking up her petition, Justice Raina asserted that by the very nature
of things, child care leave has to be applied for in advance and due
permission needs to be accorded. The right was valuable, because a woman
employee would get full salary for the period of child care leave.
“It cannot be applied for to act retrospectively and therefore, there is
nothing wrong in the department holding that ex post facto permission
cannot be granted,” Justice Raina asserted.
Before parting with the order, Justice Raina observed that the first
request in the case in hand was made on April 6, 2011, for granting
backdated child care leave with effect from November 30, 2010, to March
30, 2011. Dismissing the plea, Justice Raina added that there was no
merit therein.
Haryana Government rules suggest that child care leave cannot be
demanded as a matter of right and no one can, under any circumstances,
proceed on child care leave without prior proper sanction by the
competent authority.
Child care leave is also admissible during the probation period,
provided the probation period is extended by the period of child care
leave availed. Besides this, the leave may not be availed for a period
of less than 30 days.
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
CWP No.26951 of 2016
Date of decision:22.12.2016
Shashi Bala
… Petitioner
Versus
State of Haryana and others
..Respondents.
CORAM:- HON'BLE MR. JUSTICE RAJIV NARAIN RAINA
Present: Mr.Ravinder Malik (Ravi), Advocate for the petitioner.
RAJIV NARAIN RAINA, J.(Oral)
By the very nature of things, Child Care Leave has to be applied for in
advance and due permission accorded. The right is valuable because
female employee gets full salary for the period of Child Care Leave.
Child Care Leave cannot be applied for to act retrospectively and
therefore, there is nothing wrong in the Department holding that ex post
facto permission cannot be granted. In this case first request was made
on 6.4.2011 for granting backdated Child Care Leave w.e.f 30.11.2010 to
30.3.2011.
No merit.
Dismissed.
(RAJIV NARAIN RAINA)
JUDGE
22.12.2016
Meenu
