10/12/2018 HC: Staff shortage no base for denying child care leave - SA POST

Kochi to Dubai Flight OPEN

Find the cheapest flights for Dubai only on Make My Trip makemytrip.com

Search SA Post

Home 7th CPC Downloads Govt Orders SA Corner Exam Material Exam Results Employment News Clarify

10 October 2018 10 October 2018 10 October 2018 10 October 2018

Relieving of Payment of NABARD Special Report:
successful Productivity Development India Post
candidates of Linked Bonus to all Assistant 2018
Assistant eligible non- Result / Main Exam
Accounts Officer gazetted Railway Call Letters
(AAO) LDCE-2018 employees for the Declared
in the Department financial year 2017-

October 23, 2017

Home » Court News , Judgement » HC: Staff shortage no base for denying
child care leave

HC: Sta shortage no base for denying child care leave

Written By Admin on Oct 23, 2017 | October 23, 2017

Like Share 43 people like this. Be the first of your friends.

HC: Staff shortage no base for denying child care leave

CHANDIGARH: Punjab and Haryana high court has held that a woman employee can't be denied leave if
shortage of staff in the department is due to government's fault. The order is signi cant for cases related to
the entitlement of child care leave (CCL) to women employees.

The HC passed these orders on a plea led by a government doctor in Haryana who was denied CCL on the
grounds of insuf cient number of medical specialists in the health department. Court found that the
government was at fault in failing to ll up vacancies of medical specialists and the employees cannot suffer
for it.

Justice Amol Rattan Singh passed these orders while allowing a petition led by Dr Kanchan Bala -a medical
specialist posted at Jagadhari in Yamunanagar district. In her plea, the petitioner had stated that she was not
granted CCL at a time her daughter was in Class XII, a crucial period, and below 18 years of age.

Contesting her petition, the state government submitted that CCL shall only be granted if it does not disrupt
the functioning of the depart ment concerned. It was further argued that she was denied CCL on the ground
that there was only one other medical specialist available at the ESI hospital at Jagadhari, other than her.

On examination of record, the HC asked the government about delay in recruitment of doctors. The state
informed the court that a requisition was sent for recruitment of medical of cers to Haryana Public Service
Commission (HPSC) in 2016 and another on September 29 after ling of the present petition.

The HC then observed, "Even though rules provide that CCL would not be granted if it disrupts the functioning
of of cesinstitutionsschools etc, the government, in my opinion, cannot be allowed to take advantage of its
own fault, to deny a right which has been statutorily recognized by it, and correctly recognized, seeing the FOR INFORMATION
future of children who would make future doctorsengineersbureaucrats etc of the country ."

https://sapost.blogspot.com/2017/10/hc-staff-shortage-no-base-for-denying.html 1/2
10/12/2018 HC: Staff shortage no base for denying child care leave - SA POST
Articles to us to
In its order, passed last week, the judge also asked the government to engage a medical specialist on contract "sapost2@gmail.com" with your
basis to meet the requirements during the CCL period of the petitioner. Name, Place and Profession.
Good Articles will be published
Source : https://timeso ndia.indiatimes.com/ in this blog with your Name and
e-mail (optional) ..... Thank you
Share this article : Like 43 Tweet Share 8

SELECT A CATEGORY
Related Articles
Click to choose a label
Stay on Publication of AAO Exam Results by Hon'ble
CAT Hyderabad is Vacated...
GET FREE E-MAIL UPDATES
SC/ST Job Promotion Quota: Supreme Court Verdict –
Says No Need To Collect Data General Knowledge
Aadhar mandatory for PAN and ling IT return, NOT for
Bank A/C & Mobile connection
Get Free eMail Updates! By
AAO Results - Latest news Submitting your email
AAO: Implementation of CAT Order in respect of address:
educationists AAOs
VERY GOOD BENCHMARK FOR MODIFIED ASSURED GO!
CAREER PROGRESSION SCHEME (MACPS) WILL BE
APPLICABLE ACRS FROM JAN 2018 ONWARDS –
DELHI HIGH COURT CIRCULAR
GDS : COURT CASE
Copy of CAT, Hyderabad Branch Order regarding
declaration of AAO Result TOTAL PAGEVIEWS
Judgement copy of AAO CAT Case M.A / 3387/2018 in
OA No. 2993/2018 95,411,562
IMPORTANT JUDGEMENT -- OFFICIAL RETIRED ON
30th JUNE IS ELIGIBLE FOR INCREMENT DUE ON 1st
JULY NOTIONALLY FOR PENSIONARY BENEFITS
Important Judgement – Of cially retired on 30th June
is eligible for increment due on 1st July nationally for
pensionary Bene ts
Govt has no power to withhold Pensionary Bene ts if
departmental or judicial proceeding are pending:
Supreme Court

Labels: Court News, Judgement

Post a Comment

Enter your comment...

Comment as: anusree (Goog Sign out

Publish Preview Notify me

« Prev Post Home Next Post »

https://sapost.blogspot.com/2017/10/hc-staff-shortage-no-base-for-denying.html 2/2