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.
