Madhya Pradesh High Court
Roshni Khare vs The State Of Madhya Pradesh on 16 January, 2017
1
W.P. No.333/2017
(Roshani Khare Vs. State of M.P. and Others)
16/01/2017
Shri Lokendra Shrivastava, learned counsel for the
petitioner.
Shri C.R. Roman, learned Government for the
respondents/State.
With the consent of parties, heard finally. Petitioner has filed this petition claiming that she had applied for Child Care Leave as has been made admissible vide notification dated 22.8.2015 whereby amendment has been made in Rule 38 of the M.P. Civil Services (Leave) Rules, 1977 and Rule 38(C) has been inserted authorizing women government servants to avail Child Care Leave up to 730 days for maximum of two children till they attain age of 18 years. It is also mentioned that in this regard guidance has been sought from the State of M.P. Learned counsel for the petitioner has submitted that on 17.11.15 the Finance Department of State of M.P. had issued a circular No.F 6-1/2015/Rule/4 Bhopal in which it is mentioned that no certificate is required to avail Child Care Leave and the reason mentioned in the application will be sufficient. It is further mentioned that application for Child Care Leave has to be made three weeks prior to the date from which leave is sought to be availed like the applications which are moved for availing earned leave. Learned counsel for the petitioner has categorically mentioned that there is no circular barring the teaching staff from taking Child Care Leave and in any case, there cannot be any such circular in violation of the provisions contained in Rule 382 (C) of the M.P. Civil Services (Leave) Rules, 1977. He also sought parity viz a viz order dated 14/07/2016 passed by 2 W.P. No.333/2017 (Roshani Khare Vs. State of M.P. and Others) this Court in W.P. No.1178/2016 (Smt. Reena Sharma Vs. State of M.P. & Ors.).
In view of the aforesaid, this petition is disposed of with a direction that respondent No.3 shall consider the case of the petitioner for grant of Child Care Leave strictly in terms of Rule 38 (C) without getting influenced from any oral instructions issued in the video conference or elsewhere unless there is a specific instruction not to grant Child Care Leave to the persons belonging to teaching staff within a period of two months from the date of production of certified copy of the order passed today.
(Anand Pathak)
vc Judge