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.
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