TMI Blog2014 (5) TMI 287X X X X Extracts X X X X X X X X Extracts X X X X ..... he principles enunciated under the aforesaid circulars. Judgment and order dated 30th April, 2012 passed by the Tribunal affirmed with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/production of this judgment. - CIVIL APPEAL NO. 4506 OF 2014 (arising out of SLP (C) No. 33244 of 2012) - - - Dated:- 15-4-2014 - SUDHANSU JYOTI MUKHOPADHAYA AND V. GOPALA GOWDA, JJ. JUDGEMENT Per : S J Mukhopadhaya : Leave granted. 2. This appeal has been directed against the judgment dated 18th September, 2012 passed by the High Court of Calcutta, Circuit Bench at Port Blair. By the impugned judgment, the Division Bench of the Calcutta High Court allowed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ore the Tribunal in O.A. No.47/A N/2012 which allowed the application by order dated 30th April, 2012 with following observation:- 12. Thus O.A. is allowed. Respondents are accordingly directed to act strictly in accordance with DOPT O.M. dated 11.9.2008 as amended/clarified on 29.9.2008 and 18.11.2008, granting her CCL for the due period. No costs. 6. The order passed by the Tribunal was challenged by respondents before the Calcutta High Court which by impugned judgment and order dated 18th September, 2012 while observing that leave cannot be claimed as a right, held as follows: It is evident from the provisions of sub r.(3) of r.43-C of the rules that CCL can be granted only according to the conditions m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , it will be necessary for us to refer the relevant Rule and the guidelines issued by the Government of India from time to time. 10. The Government of India from its Department of Personnel and Training vide O.M. No. 13018/2/2008-Estt. (L) dated 11th September, 2008 intimated that CCL can be granted for maximum period of 730 days during the entire service period to a woman government employee for taking care of up to two children, relevant portion of which reads as follows: (1) Child Care Leave for 730 days. *** Women employees having minor children may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of two years (i.e. 730 days) during their entire service for taking care o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment Servant concerned. 12. Rule 43-C was subsequently inserted by Government of India, Department of Personnel and Training, Notification No. F.No. 11012/1/2009- Estt. (L) dated 1st December, 2009, published in G.S.R. No. 170 in the Gazette of India dated 5th December, 2009 giving effect from 1st September, 2008 as quoted below:- 43-C. Child Care Leave 1) A women Government servant having minor children below the age of eighteen years and who has no earned leave at her credit, may be granted child care leave by an authority competent to grant leave, for a maximum period of two years, i.e. 730 days during the entire service for taking care of up to two children, whether for rearing or to look after any of their needs like ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... under Sub Rule (1). From plain reading of Sub Rules (3) and (4) of Rule 43-C it is clear that CCL even beyond 730 days can be granted by combining other leave if due. The finding of the High Court is based neither on Rule 43-C nor on guidelines issued by the Central Government. The Tribunal was correct in directing the respondents to act strictly in accordance with the guidelines issued by the Government of India and Rule 43-C. 14. In the present case, the appellant claimed for 730 days of CCL at a stretch to ensure success of her son in the forthcoming secondary/senior examinations (10th/11th standard). It is not in dispute that son was minor below 18 years of age when she applied for CCL. This is apparent from the fact that the compet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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