KAKALI GHOSH versus CHIEF SECRETARY, ANDAMAN & NICOBAR ADMINISTRATION AND ORS.

KAKALI GHOSH versus CHIEF SECRETARY, ANDAMAN & NICOBAR ADMINISTRATION AND ORS.

Respondents did not provide any reason to refuse the appellant 730 days of continuous Child Care Leave. The Tribunal was correct in directing that leave should be granted in strict accordance with DOPT guidelines and Rule 43-C. High Court's finding was not based on the rules or guidelines. The appellant is entitled to 730 days CCL as per the rules, subject to exigencies of public service which have not been shown in this case.

Parties
Appellant: Kakali Ghosh; Respondents: Chief Secretary, Andaman & Nicobar Administration and Ors.
Jurisdiction
India
Judgment Date
15 April 2014
Procedural Posture
Civil Appeal / Supreme Court Appellate Judgment
Outcome
Appeal allowed
Legal Topics
Child Care Leave, Central Civil Services (leave) Rules, 1972, DOPT Guidelines, Leave for Women Government Employees
Service Law Child Care Leave Central Civil Services (leave) Rules, 1972 DOPT Guidelines Leave for Women Government Employees

Case Brief

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Parties

Kakali Ghosh

Appellant

Chief Secretary, Andaman & Nicobar Administration and Ors.

Respondents

Procedural Posture

Civil Appeal / Supreme Court Appellate Judgment

Legal Issues

  1. 1 Whether a woman employee of the Central Government can ask for uninterrupted 730 days of Child Care Leave under Rule 43-C of the Central Civil Services (Leave) Rules, 1972.

Ratio Decidendi

Respondents did not provide any reason to refuse the appellant 730 days of continuous Child Care Leave. The Tribunal was correct in directing that leave should be granted in strict accordance with DOPT guidelines and Rule 43-C. High Court's finding was not based on the rules or guidelines. The appellant is entitled to 730 days CCL as per the rules, subject to exigencies of public service which have not been shown in this case.

Court Disposition

Appeal allowed

Orders

  • Impugned judgment dated 18.09.2012 of the High Court is set aside.
  • Judgment and order dated 30.04.2012 of the Central Administrative Tribunal affirmed.