Kanta Malik Gill vs State Of Haryana And Others
2022 Latest Caselaw 2039 P&H

CWP-13442-2021                                                          -1-


        IN THE HIGH COURT OF PUNJAB AND HARYANA
                     AT CHANDIGARH

                                                          CWP-13442-2021
                                                Date of decision: 24.03.2022


KANTA MALIK GILL
                                                                  ...Petitioner
                                   Versus

STATE OF HARYANA AND OTHERS
                                                                ...Respondents

CORAM: HON'BLE MS. JUSTICE JAISHREE THAKUR

Present:-   Mr. Shivam Malik, Advocate
            for the petitioner.

            Mr. Raj Karan Singh Brar, Addl. A. G., Haryana.

JAISHREE THAKUR, J. (Oral)

The instant petition has been filed under Articles 226/227 of

the Constitution of India for directing the respondents to grant and sanction

Child Care Leave to the petitioner in terms of Rule 46 of the Haryana Civil

Services (Leave) Rules, 2016 to take care of her minor daughter, who is

aged 16 years studying in the 10+2 class and is to undergo her Board

examinations.

Learned counsel for the petitioner herein would contend that

the petitioner had applied for Child Care Leave well in time, however, for

one reason or the other, the respondents did not take any action thereon. In

fact, she had been applying for such leave for different spells but with no

favour. It is submitted that the petitioner, in anticipation that her minor

daughter would require her help for the preparation of the Board

examinations had approached this Court in July, 2021 itself seeking Child

Care Leave to be granted so that she could assist her minor daughter in the

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pre-boards and eventually in her final Board examinations, but still she was

not allowed Child Care Leave as envisaged under Rule 46 of the Haryana

Civil Services (Leave) Rules, 2016, which would permit a women

Government employee to take a maximum period of 730 days Child Care

Leave during the entire service career for taking care of her two eldest

surviving children below the age of 18 years. It is argued that this matter has

already been gone into by a Coordinate Bench in the case of Dr. Kanchan

Bala versus State of Haryana and Others passed in CWP No.21506 of 2017

dated 10.10.2017 reported as 2018(5) SLR 755, wherein, in similar

circumstances, the petitioner therein was allowed Child Care Leave.

Learned State counsel would submit that even though the petitioner

herein had applied well in advance for Child Care Leave but on account of

shortage of staff with the respondent-Department, who has the onerous duty

of furnishing reports of FSL as the petitioner is working as Assistant Director

(Documents), Forensic Science Laboratory, Madhuban, Karnal she could not

be permitted to proceed on Child Care Leave as claimed. It is also submitted

that as per the communication received dated 22.03.2022, the petitioner has

now been granted Child Care Leave from 25.04.2022 till 27.05.2022 along

with permission to prefix holidays falling on 23.04.2022 and 24.04.2022 and

suffix holidays falling on 28.05.2022 and 29.05.2022, subject to her

completing all the cases that she is currently working upon.

I have heard learned counsel for the parties and have perused the

pleadings of the case and find that the denial of Child Care Leave to the

petitioner herein is wholly unjustified. It is an admitted fact that the present

writ petition had been filed as far back as in July, 2021 praying for a direction

to the respondents to grant Child Care Leave to her in terms of Rule 46 of the

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Haryana Civil Services (Leave) Rules, 2016 on the ground that her minor

daughter, who is to undergo 10+2 Board examinations would require her

help. Rule 46 of the Haryana Civil Services (Leave) Rules, 2016 postulates

that a women Government employee shall be entitled to Child Care Leave for

a maximum period of 730 days during her entire service career for taking care

of her two eldest surviving children below the age of 18 years. Even though

Child Care Leave cannot be demanded as a matter of right and a person

cannot proceed on Child Care Leave without prior sanction and further Sub-

Rule 11 stipulates that Child Care Leave would not be granted if it disrupts

the functioning of offices/institutions/schools etc., yet this Court would be

bound by the judgment already rendered in Dr. Kanchan Bala's case (supra),

which has even been upheld in LPA No.2115 of 2017.

Consequently, the present writ petition is disposed of taking into

account that the minor daughter of the petitioner is studying in 10+2

examination which is a crucial year for her academics, with a direction that

the petitioner would be permitted to proceed on Child Care Leave

immediately considering the fact that the practical examinations of her

daughter are ongoing till the last date of examination of her daughter.

However, she will join immediately after the last examination of her minor

daughter has been conducted.

                                                  (JAISHREE THAKUR)
24.03.2022                                              JUDGE
Chetan Thakur



                Whether speaking/reasoned :             Yes     No

                Whether Reportable :                    Yes     No



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