Allahabad High Court
Seema Bhadouria Pno No. 112391081 vs State Of Thru. Prin. Secy. Home Deptt. ... on 2 January, 2025
Author: Alok Mathur
Bench: Alok Mathur
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Neutral Citation No. - 2025:AHC-LKO:107 Court No. - 6 Case :- WRIT - A No. - 9805 of 2024 Petitioner :- Seema Bhadouria Pno No. 112391081 Respondent :- State Of Thru. Prin. Secy. Home Deptt. Lko. And 3 Others Counsel for Petitioner :- Sabir Ali Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Sri Sabir Ali, learned counsel for the petitioner and the Standing counsel on behalf of the respondents.
2. The petitioner is working on the post of Lady constable, Civil Police in Mahila Evam Bal Suraksha Sangthan/Women Power LIne-1090, U.P., Lucknow and had requested six months' Child Care Leave (CCL) by means of application dated 24.6.2024 made to respondent No.3 i.e. Additional Director General of Police, Mahila Evam Bal Suraksha Sangthan/Women Power Line 1090, Lucknow. Respondent No.3 after considering the request made by the petitioner by means of order dated 5.8.2024 sanctioned only 90 days' leave. The petitioner was aggrieved by the fact hat only 90 days' leave was granted rather than six months' leave as prayed by the petitioner and accordingly had moved protest application on 6.8.2024 but no decision was taken on the application made by the petitioner and accordingly the present petition was filed praying for following reliefs:
"(a) to issue a writ, order or direction in the nature of mandamus thereby commanding the opp. parties to immediately sanction to petitioner the six months (180)days Child Care Leave (CCL) instead of 90 days which has been sanctioned by order dated 5.8.2024(annexure no.3.) with effect from 6.8.2024, as the similarly situated lady constable have already been sanctioned 180 days Child Care Leave (CCL).
(b) issue any other writ, order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.
(c) award cost of the writ petition in favour of the petitioner.
(d) To issue a writ order of Direction in the nature of certiorari quashing the impugned order dated 5.8.2024 passed by the Deputy Inspector General of Police Mahila Evam Bal Suraksha Sangthan/Woman Power Line 1090, U.P., Lucknow, opposite party No.5 contained in Annexure No.3 to the writ petition."
3. It has been submitted that 90 days' leave expired on 4th December, 2024 but submits that according to the Government Order dated 8th December, 2008 the Child Care Leave has been increased to 730 days with stipulation that the same can be granted under special circumstances for the purpose of examination of the children with stipulation that the child should not be above 18 years of age. In the present writ petition, it is stated that the petitioner has two children; one child is aged about two years and the other child is aged about one year and it was stated in the application that it is becoming difficult for the petitioner to look after her children and accordingly had moved application for grant of Child Care Leave.
4. Learned State counsel has filed counter affidavit and in the entire counter affidavit it has been stated that the case of the petitioner was considered for grant of maternity leave and undoubtedly maternity leave can be granted for a maximum period of 180 days.
5. Be that as it may, the respondents have totally misdirected themselves by replying to the averments made in the writ petition and assuming that the petitioner had sought maternity leave rather than child care leave.
6. Having heard learned counsel for the parties and going through the records, it is noticed that the petitioner, who is working as Lady Constable in Civil Police in Mahila Evam Bal Suraksha Sangthan/Women Power Line-1090, U.P., Lucknow, had moved application for grant of Child Care Leave on 24.6.2024. It was stated that the petitioner has two minor children aged about 1 and 2 years respectively and it was difficult for her to look after them and had accordingly availed of the said provision which has been provided in the Government Order dated 8.12.2008 where with certain conditions it is stated that Child Care Leave would be admissible to a female government servant for a maximum period of two years (730 days). The said Government Order further provides that the said leave can be granted under special circumstances including illness, examination of the children with the condition that the child should not be more than 18 years of age. In the present case, considering the grievance raised by the petitioner she was fully eligible and entitled to the child care leave for 180 days as requested by her.
7. We find no reason for the respondents not to allow the application of the petitioner and restricting her leave only for 90 days. The government Order dated 8.12.2008 clearly provides for child care leave of 730 days, and the petitioner has given adequate reasons for grant of the same. The respondents themselves have allowed her application partially, but no reason has been given for restricting the grant of leave to only 90 days. It is in aforesaid circumstances that this Court is of the considered opinion that a case for interference has been made out and the petitioner is entitled for child care leave as prayed by her.
8. Considering that 90 days' Child Care Leave has already expired in December, 2024 accordingly in the aforesaid circumstances and in view of the fact that the Government Order provides for beneficial piece of subordinate legislation to facilitate a female worker to look after children as and when required and also considering that the State is fully empowered to make such measures / subordinate legislation with regard to woman workers in light of the provisions of Article 15 (3) of the Constitution a provision having been made in the form of Child Care Leave, it is expected that the same should be given widest and fullest amplitude and it cannot be restricted except in exceptional circumstances and reasons which has to be stated in the order itself, we do not find any justification for limiting the child care leave to 90 days rather than for the full length of six months as sought by the petitioner.
9. In view of the above, liberty is given to the petitioner to move a fresh application to Additional Director General of Police, Mahila Evam Bal Suraksha Sangthan/Women Power Line-1090, U.P., Lucknow within next one week. On receipt of the said application, opposite party No.2 shall pass necessary orders within ten days thereafter in accordance with law keeping in view the provisions contained in Government Order dated 8.12.2008 according to which the petitioner is entitled to child care leave for a maximum of 730 days.
10. With aforesaid direction, the petition stands disposed of.
(Alok Mathur, J.) Order Date :- 2.1.2025 RKM.