Sunaina vs State Of Haryana And Others
2023 Latest Caselaw 1828 P&H

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
224
                                               CWP-26909-2022 (O&M)
                                               Date of Decision: 27.01.2023
SUNAINA
                                                                     ... Petitioner
                                      Versus
STATE OF HARYANA AND OTHERS
                                                                  ... Respondents
CORAM: HON'BLE MR. JUSTICE HARNARESH SINGH GILL

Present:     Mr. Abhishek Sethi, Advocate
             for the petitioner.

             Mr. Rohit Arya, DAG, Haryana.

                   ****

HARNARESH SINGH GILL, J.(Oral)

Through this petition, the petitioner seeks issuance of a writ

in the nature of Mandamus directing the respondents to grant Child Care

Leave (CCL) to the petitioner from 25.11.2022 till 21.02.2023 (89 days).

Learned counsel for the petitioner submits that the petitioner

has been allowed Child Care Leave w.e.f. 06.12.2022 to 30.01.2023.

At this stage, learned counsel for the petitioner submits that

the petitioner be allowed Child Care Leave (CCL) till 05.03.2023, as she

has given birth to a child on 24.05.2022.

In support of his contentions, learned counsel for the

petitioner relies upon the judgment passed by the Hon'ble Apex Court in

Kakali Ghosh Vs Chief Secretary, Andaman and Nicobar Administration

and others, 2014 (2) SCT 683.

Learned State counsel opposes the prayer made by the

learned counsel for the petitioner.

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 224          CWP-26909-2022 (O&M)                                -2-

I have heard the learned counsel for the parties.

It is a conceded position that the petitioner has given birth to

the child on 24.05.2022. The petitioner, being the mother, has to look

after her new-born child.

In view of the above, the respondents are directed to allow

the petitioner to remain on Child Care Leave (CCL) till 05.03.2023.

The petitioner shall report back to the concerned Department

on 06.03.2023.

Disposed of in the above terms.

27.01.2023                                   (HARNARESH SINGH GILL)
Aman Jain                                            JUDGE
             Whether speaking/reasoned         :      Yes/No
             Whether reportable                :      Yes/No




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