Supreme Court - Daily Orders
Deepika Singh vs Central Administrative Tribunal on 1 July, 2021
Bench: D.Y. Chandrachud, M.R. Shah
1
ITEM NO.20 Court 5 (Video Conferencing) SECTION IV-B
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No.7772/2021
(Arising out of impugned final judgment and order dated 16-03-2021
in CWP No.3460/2021 passed by the High Court of Punjab & Haryana at
Chandigarh)
DEEPIKA SINGH Petitioner(s)
VERSUS
CENTRAL ADMINISTRATIVE TRIBUNAL & ORS. Respondent(s)
(With appln.(s) for IA No.68940/2021-EXEMPTION FROM FILING C/C OF
THE IMPUGNED JUDGMENT and IA No.68941/2021-EXEMPTION FROM FILING
AFFIDAVIT)
Date : 01-07-2021 This petition was called on for hearing today.
CORAM :
HON'BLE DR. JUSTICE D.Y. CHANDRACHUD
HON'BLE MR. JUSTICE M.R. SHAH
For Petitioner(s) Mr. Akshay Verma, AOR
Mr. Dheeraj Chawla, Adv.
Mr. Saurav Arora, Adv.
Mr. Pawan, Adv.
For Respondent(s)
UPON hearing the counsel the Court made the following
O R D E R
1 The petitioner submits that she has been denied the benefit of maternity leave under Rule 43 of the Central Civil Services (Leave) Rules 1972 on the ground that her spouse had two surviving children born from an earlier Signature Not Verified Digitally signed by marriage. Contesting the legal position, Mr Akshay Verma, learned counsel Chetan Kumar Date: 2021.07.02 19:05:49 IST Reason: 2 appearing on behalf of petitioner submits that maternity leave was sought by the petitioner on the birth of her first biological child and the fact that there are two children of her spouse born from an earlier marriage, would not disentitle her under Rule 43 from maternity leave. Learned counsel submits that though the petitioner had availed of child care leave in respect of the step children, this line is distinct from maternity leave.
2 Issue notice, returnable in six weeks.
3 Dasti, in addition, is permitted.
4 Counter affidavit be filed within a period of four weeks from the date of service of the notice.
5 List the Special Leave Petition on 7 September 2021.
(CHETAN KUMAR) (SAROJ KUMARI GAUR)
A.R.-cum-P.S. Court Master