Tuesday, April 29, 2014

NGOs' Association demands grant of CCL to women employees

The Non-Gazetted Govt. Officers’ Association, Andaman and Nicobar Islands has demanded that Child Care Leave should be granted to the women government employees without any hesitation.  Referring to the recent  judgement of the Supreme Court in Civil Appeal 4506 of 2014 (Kakali Ghosh – Vs- Chief Secretary, A & N Administration) on the  grant of Child Care Leave to women government employees, Shri D. Ayyappan, General Secretary of the Association in a letter addressed to the Chief Secretary, A & N Administration  said that  some of the Heads of Departments  under the Administration refuse to  grant Child Care Leave to  the women employees working  under them on one reason or other. He complained that despite bringing this matter to the notice of the Administration by the Association, the departments continue to flout the CCS (Leave) Rules and guidelines issued by the Govt. of India on Child Care Leave.   
                          The Supreme Court of India held that a woman employee of central government can get uninterrupted leave for two years for child care, which also includes needs like examination and sickness.  A bench comprising Justice SJ Mukhopadhyaya and Justice V. Gopala Gowda set aside the order of Calcutta High Court which had held that Central Civil Services (Leave) Rules do not permit uninterrupted CCL for 730 days.  The Supreme Court said that CCL can be granted even beyond 730 days by combining other leave if due and the finding of the High Court was based neither on Rule 43-C nor on any guidelines issued by the central government.  
                          The Supreme Court passed the order on a petition filed by a woman government employee Smt Kakali Ghosh, working as Panchayat Secretary under the Rural Development and Panchayats Department of Andaman and Nicobar  Administration challenging  the department’s decision not to grant her leave of 730 days for preparing her son for secondary /senior secondary examinations.  She had first approached Central Administrative Tribunal Calcutta for getting leave. The Tribunal had ordered in her favour but the High Court reversed the order after which she moved   the Apex Court. 
                          Shri Ayyappan told the Chief Secretary that the instant case is the outcome of the callous attitude on the part of the authorities in the Rural Development Department.  The Association suggested that in order to avoid dislocation of work in the offices and teaching in the schools, employees/teachers can be engaged on leave vacancy/contract basis from a panel of short-listed candidates for the purpose.  There is no dearth of qualified candidates for any post in these islands, he said. 

                          In view of the above decision of the Supreme Court, the Association requested the Chief Secretary   to issue necessary instructions to all the Heads of Departments/Offices under the A & N Administration not to deny Child Care Leave to the women employees working under them and also to engage suitable shortlisted candidates on leave vacancy/contract basis to perform the work of such women employees who are granted CCL. 

No comments:

Post a Comment