Child care leave का स्पष्ट कारण नहीं देने की वजह से रिजेक्ट कर दी गई थी, कोर्ट ने कहा की कंडीशंस में 18 वर्ष से कम आयु के बच्चे की देखभाल के लिए लिखा है, कारणों का जिक्र नहीं
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- SERVICE SINGLE No. - 117 of 2014
Petitioner :- Vijay Laxmi Shukla
Respondent :- State Of U.P. Thru Prin.Secy.Baal Vikas Sewa & Pushtahar&Ors
Counsel for Petitioner :- Dhirendra Singh
Counsel for Respondent :- C.S.C.
Hon'ble Ritu Raj Awasthi,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the records.
With the consent of parties' counsel, the writ petition is being decided finally at the admission stage without calling for the counter affidavit.
The writ petition has been filed challenging the decision to reject the application for grant of Child Care Leave, communicated vide letter dated 13.11.2013.
Learned counsel for petitioner submits that the petitioner is entitled to get Child Care Leave of 730 days during the entire service period. The petitioner has availed 250 days' Child Care Leave till date. In view of the Office Orders dated 8.12.2008 and 11.4.2011 she shall be granted�Child Care Leave, however leave of 230 days has been rejected in a most arbitrary and illegal manner.
The learned Standing Counsel was granted time to seek instructions as to why Child Care Leave cannot be granted to the petitioner.
Learned Standing Counsel on the basis of instructions submits that since the Child Care Leave of 730 days is to be granted during the entire period of service to a female employee and the petitioner has already availed 250 days and she has not disclosed the reason to get the said leave, as such the application of the petitioner has been rejected.
I have considered the submissions made by the parties' counsel.
The Office Order dated 8.12.2008, which has been subsequently modified/clarified vide Office Order dated 11.4.2011 clearly stipulates that a female Government employee is entitled to get 730 days' leave as Child Care Leave during the entire service period, however the said office order indicates that certain conditions are required to be fulfilled to get the said leave, such as, child care leave shall not be granted more than three or four times during� one calender year, it shall not be granted for less than 15 days, the Child Care Leave shall not ordinarily be granted during the probationary period and the Child Care Leave shall be treated equivalent to the earned leave. It also provides that the Child Care Leave can be granted even if an employee has earned leave available to her credit.
The aforesaid office order does not stipulate any such conditions that once an employee has availed certain period of Child Care Leave she is not entitled to get the remaining period of leave in the near future or she has to give reasons to avail the further leave. The said order only stipulates a condition that the child of the employee shall be less than 18 years of age for that purpose.
In this view of the matter, I am of the considered opinion that the opposite parties should not have refused to grant of Child Care Leave to the petitioner.
The writ petition, as such, is disposed of with direction to the opposite party no.3/Chief Development Officer, Raibareli to reconsider the request of the petitioner for grant of�Child Care Leave and pass appropriate order in case the petitioner fulfils the requirement as stipulated in the Office Orders dated 8.12.2008 and 11.4.2011. Necessary order shall be passed within a period of four weeks from the date a certified copy of this order is produced before him. The opposite parties shall also consider the request of the petitioner to regularize her absence by granting Child Care Leave from the back date.
Order Date :- 7.2.2014
Arjun/-
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HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 5
Case :- SERVICE SINGLE No. - 117 of 2014
Petitioner :- Vijay Laxmi Shukla
Respondent :- State Of U.P. Thru Prin.Secy.Baal Vikas Sewa & Pushtahar&Ors
Counsel for Petitioner :- Dhirendra Singh
Counsel for Respondent :- C.S.C.
Hon'ble Ritu Raj Awasthi,J.
Heard learned counsel for the petitioner as well as learned Standing Counsel and perused the records.
With the consent of parties' counsel, the writ petition is being decided finally at the admission stage without calling for the counter affidavit.
The writ petition has been filed challenging the decision to reject the application for grant of Child Care Leave, communicated vide letter dated 13.11.2013.
Learned counsel for petitioner submits that the petitioner is entitled to get Child Care Leave of 730 days during the entire service period. The petitioner has availed 250 days' Child Care Leave till date. In view of the Office Orders dated 8.12.2008 and 11.4.2011 she shall be granted�Child Care Leave, however leave of 230 days has been rejected in a most arbitrary and illegal manner.
The learned Standing Counsel was granted time to seek instructions as to why Child Care Leave cannot be granted to the petitioner.
Learned Standing Counsel on the basis of instructions submits that since the Child Care Leave of 730 days is to be granted during the entire period of service to a female employee and the petitioner has already availed 250 days and she has not disclosed the reason to get the said leave, as such the application of the petitioner has been rejected.
I have considered the submissions made by the parties' counsel.
The Office Order dated 8.12.2008, which has been subsequently modified/clarified vide Office Order dated 11.4.2011 clearly stipulates that a female Government employee is entitled to get 730 days' leave as Child Care Leave during the entire service period, however the said office order indicates that certain conditions are required to be fulfilled to get the said leave, such as, child care leave shall not be granted more than three or four times during� one calender year, it shall not be granted for less than 15 days, the Child Care Leave shall not ordinarily be granted during the probationary period and the Child Care Leave shall be treated equivalent to the earned leave. It also provides that the Child Care Leave can be granted even if an employee has earned leave available to her credit.
The aforesaid office order does not stipulate any such conditions that once an employee has availed certain period of Child Care Leave she is not entitled to get the remaining period of leave in the near future or she has to give reasons to avail the further leave. The said order only stipulates a condition that the child of the employee shall be less than 18 years of age for that purpose.
In this view of the matter, I am of the considered opinion that the opposite parties should not have refused to grant of Child Care Leave to the petitioner.
The writ petition, as such, is disposed of with direction to the opposite party no.3/Chief Development Officer, Raibareli to reconsider the request of the petitioner for grant of�Child Care Leave and pass appropriate order in case the petitioner fulfils the requirement as stipulated in the Office Orders dated 8.12.2008 and 11.4.2011. Necessary order shall be passed within a period of four weeks from the date a certified copy of this order is produced before him. The opposite parties shall also consider the request of the petitioner to regularize her absence by granting Child Care Leave from the back date.
Order Date :- 7.2.2014
Arjun/-
UPTET / टीईटी / TET - Teacher EligibilityTest Updates / Teacher Recruitment / शिक्षक भर्ती / SARKARI NAUKRI NEWS
UP-TET 2011, 72825 Teacher Recruitment,Teacher Eligibility Test (TET), 72825 teacher vacancy in up latest news join blog , UPTET , SARKARI NAUKRI NEWS, SARKARI NAUKRI
Read more: http://naukri-recruitment-result.blogspot.com
http://joinuptet.blogspot.com
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CTET, TEACHER ELIGIBILITY TEST (TET), NCTE, RTE, UPTET, HTET, JTET / Jharkhand TET, OTET / Odisha TET ,
Rajasthan TET / RTET, BETET / Bihar TET, PSTET / Punjab State Teacher Eligibility Test, West Bengal TET / WBTET, MPTET / Madhya Pradesh TET, ASSAM TET / ATET
, UTET / Uttrakhand TET , GTET / Gujarat TET , TNTET / Tamilnadu TET , APTET / Andhra Pradesh TET , CGTET / Chattisgarh TET, HPTET / Himachal Pradesh TET
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