Port Blair, April 15: In a landmark judgment, the bench comprising of Hon’ble Mr Justice S J Mukhopadhyay and Hon’ble Mr Justice V Gopala Gowda in the Supreme Court of India set aside the order passed by Hon’ble Calcutta High Court, Port Blair circuit bench by which the High Court had narrowly interpreted the provision of child care leave available to central government women employees. The judgment was passed today by Hon’ble TraMr Justice S J Mukhopadhyay in the petition filed by Mrs Kakali Ghosh who is working under Andaman and Nicobar Administration.
The Central Civil Services Rules CCS (Leave) Rules allow the women employee in the Central Government offices to avail child care leave for a period of 730 days in her entire service period with a condition that such leave can only be availed till such child attains the age of 18 years. Child Care Leave (CCL) was introduced in CCS (Leave) Rules in the year 2008. CCL can be availed by women employees for rearing her child or for looking after any other needs of the child including examination, sickness etc.
While interpreting this rule, Hon’ble High Court interpreted sub rule (3) of rule 43-C of CCS Leave Rules and indicated that the Child Care Leave is to be sanctioned only in spells. The Hon’ble Court held that sub rule provides that the CCL cannot be granted for more than three spells in a year, hence it cannot be granted for a continuous period. The Court, in a way interpreted that an employee is entitled to avail the CCL only in spells and not in continuity.
While arguing on behalf of the Petitioner before the Hon’ble Supreme Court, Mr Divya Jyoti Jaipuriar and Mrs Bhuneshwari Devi, Advocates argued that such interpretation is not correct as Government of India clarification notification dated 07.09.2010 does not indicate that the CCL may be availed only in spells. It only indicates that the government servant is entitled for only three spells of CCL in a year subject to a maximum of 730 days of CCL in her entire service and other conditions. Hence the CCL may be in just one spell. It was also argued in the Court that the Central Government has also clarified on 30.12.2010 that the in case the CCL so availed spills over to the next year, it may be treated as one spell against the year in which the leave commences. Hon’ble High Court ignored these clarifications and interpretations of the Central Government, while passing its order.
Hon’ble Supreme Court, after hearing the parties on 2nd January 2014 reserved the judgment. The Hon’ble Supreme Court delivered its judgment today by which the arguments of the Petitioner has been accepted and the order passed by the Hon’ble Calcutta High Court was set aside.