CCL, ALLAHABAD HIGHCOURT : दो या दो से अधिक जीवित दो सबसे बड़े बच्चों पर भी शासनादेश 24 सितम्बर 2014 के अनुपालन में मिल सकता CCL, क्लिक कर इलाहाबाद हाईकोर्ट का आदेश देखें ।

CCL, ALLAHABAD HIGHCOURT : दो या दो से अधिक जीवित दो सबसे बड़े बच्चों पर भी शासनादेश 24 सितम्बर 2014 के अनुपालन में मिल सकता CCL, क्लिक कर इलाहाबाद हाईकोर्ट का आदेश देखें ।

HIGH COURT OF JUDICATURE AT ALLAHABAD

Court No. - 7

Case :- WRIT - A No. - 42347 of 2016

Petitioner :- Smt. Neetu Rani
Respondent :- State Of U.P. And 3 Ors.
Counsel for Petitioner :- Nagendra Pratap Singh
Counsel for Respondent :- C.S.C.,Shyam Krishna Gupta

Hon'ble Manoj Misra,J.
Heard learned counsel for the petitioner; learned Standing Counsel for respondents 1 and 2; and Sri S.K. Gupta for respondents 3 and 4.
Considering the nature of the order that is being passed, this Court does not find it necessary to call for counter affidavit as it would frustrate the very purpose of the petition, therefore, with the consent of learned counsel for the parties, this petition is being finally disposed at this stage itself.
The case of the petitioner is that she is an Assistant Teacher in Primary School, Kishanpur Vikas Khand Chajlait, Moradabad and she has two daughters and a son. The first daughter Trishla is aged about 8 years, the second daughter Kailasha is aged about 6 years and the 3rd is a son aged about 9 months. It is the case of the petitioner that under the Government order dated 8.12.2008, the petitioner is entitled to maximum leave of 730 days for child care. It is the case of the petitioner that her second daughter Kailasha remains ill and, therefore, for the purpose of proper treatment, she applied to the Basic Shiksha Adhikari, Moradabad for three months leave, vide application dated 12.7.2016. According to the petitioner, in her entire service, up to date, in the account of leave for child care she has taken leave for child care from 12.2.2014 to 13.3.2014 and, therefore, still, sufficient number of days are left in the account, as per the Government order dated 8.12.2008.
It has been submitted that the leave application of the petitioner has been rejected by the impugned order dated 1.8.2016 on the ground that under the Rules/ instructions child care leave cannot be allowed to a mother who has more than two children.
Learned counsel for the petitioner has assailed the order dated 1.8.2016 on the ground that the Government order does not prohibit grant of child care leave to a mother if she has more than two children though the leave is subject to a maximum limit fixed. It has been submitted that under the Government order dated 24.9.2014, the child care leave is admissible for taking care of the elder two children. It has been submitted that the order impugned is therefore vitiated in law as it has failed to take into consideration the Government order dated 24.9.2014. It has been submitted that since leave was sought by the petitioner for the second child and not the third, therefore, the leave application ought to have been considered in light of the Government order dated 24.9.2014 and since sufficient number of leave days are available in the account of child care leave admissible to the petitioner, there was no good reason to reject the application.
Sri S.K. Gupta who has appeared on behalf of the respondents 3 and 4 submitted that since the respondent no. 3 has not taken into consideration the Government order dated 24.9.2014, therefore, he may be required to pass fresh order on the leave application of the petitioner in accordance with law.
Having noticed the submissions of learned counsel for the petitioner, this Court is of the view that the matter requires fresh consideration keeping in mind the aforesaid submissions.
In view of above, the impugned order dated 1.8.2016 passed by Basic Shiksha Adhikari, Moradabad is set aside with a direction to the 3rd respondent (Basic Shiksha Adhikari, Moradabad) to consider the leave application of the petitioner afresh keeping in mind the subsequent notification dated 24.9.2014 as also the submissions noticed herein above after verifying the facts from the record including the existence of the notification dated 24.09.2014. The fresh consideration shall be accorded strictly in accordance with law by taking into consideration the relevant notifications and rules applicable on the issue. It is expected that above exercise shall be completed within 15 days from the date a certified copy of this order is filed in the office of the third respondent.
The writ petition is allowed to the extent indicated above.
Order Date :- 7.9.2016
Arvind





 📌 CCL, GO : यहां क्लिक कर सम्बन्धित आदेश देखें - महिला सरकारी सेवकों को बाल देखभाल अवकाश दो सबसे बड़े जीवित बच्चों के लिए अनुमन्यता के सम्बन्ध में आदेश जारी ।