Child Care Leave for Central Govt. Women Employees, Supreme Court Passes Landmark Judgement

In a landmark judgment, the bench comprising of Hon’ble Mr Justice S J Mukhopadhyay and Hon’ble Mr Justice V Gopala Gowda in the Supreme Court of India set aside the order passed by Hon’ble Calcutta High Court, Port Blair circuit bench by which the High Court had narrowly interpreted the provision of child care leave available to central government women employees. The judgment was passed today by Hon’ble TraMr Justice S J Mukhopadhyay in the petition filed by Mrs Kakali Ghosh who is working under Andaman and Nicobar Administration. The Central Civil Services Rules CCS (Leave) Rules allow the women employee in the Central Government offices to avail child care leave for a period of 730 days in her entire service period with a condition that such leave can only be availed till such child attains the age of 18 years. Child Care Leave (CCL) was introduced in CCS (Leave) Rules in the year 2008. CCL can be availed by women employees for rearing her child or for looking after any other needs of the child including examination, sickness etc. While interpreting this rule, Hon’ble High Court interpreted sub rule (3) of rule 43-C of CCS Leave Rules and indicated that the Child Care Leave is to be sanctioned only in spells. The Hon’ble Court held that sub rule provides that the CCL cannot be granted for more than three spells in a year, hence it cannot be granted for a continuous period. The Court, in a way interpreted that an employee is entitled to avail the CCL only in spells and not in continuity. While arguing on behalf of the Petitioner before the Hon’ble Supreme Court, Mr Divya Jyoti Jaipuriar and Mrs Bhuneshwari Devi, Advocates argued that such interpretation is not correct as Government of India clarification notification dated 07.09.2010 does not indicate that the CCL may be availed only in spells. It only indicates that the government servant is entitled for only three spells of CCL in a year subject to a maximum of 730 days of CCL in her entire service and other conditions. Hence the CCL may be in just one spell. It was also argued in the Court that the Central Government has also clarified on 30.12.2010 that the in case the CCL so availed spills over to the next year, it may be treated as one spell against the year in which the leave commences. Hon’ble High Court ignored these clarifications and interpretations of the Central Government, while passing its order. Hon’ble Supreme Court, after hearing the parties on 2nd January 2014 reserved the judgment. The Hon’ble Supreme Court delivered its judgment today by which the arguments of the Petitioner has been accepted and the order passed by the Hon’ble Calcutta High Court was set aside. The Supreme Court today 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 of justices S J Mukhopadhaya and 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(Child Care Leave) for 730 days. "On perusal of circulars and Rule 43-C, it is apparent that a woman government employee having minor children below 18 years can avail CCL for maximum period of 730 days i.e. during the entire service period for taking care of upto two children. The care of children is not for rearing the smaller child but also to look after any of their needs like examination, sickness etc," the bench said. It said that CCL even beyond 730 days can be granted by combining other leave if due and the finding of the High Court was based neither on Rule 43-C nor on guidelines issued by the central government. The court passed the order on a petition filed by a woman government employee Kakali Ghosh challenging government's decision not to grant her leave of 730 days for preparing her son for secondary/senior 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. The apex court set aside the High Court's order. "We set aside the impugned judgement dated September 18, 2012 passed by the Division Bench of Calcutta High Court, Circuit Bench at Port Blair and affirm the judgement and order dated April 30, 2012 passed by the Tribunal with a direction to the respondents to comply with the directions issued by the Tribunal within three months from the date of receipt/ production of this judgement," it said. Part of the Dream Weave Walk Network 1998-2014

Payment of Dearness Allowance to Central Government Employees – Revised Rates effective from 1.1.2011

No.1(2)/2011 – E-II(B)
Government of India
Ministry of Finance
Department of Expenditure
——



New Delhi, the 24th March, 2011.




OFFICE MEMORANDUM




Subject: Payment of Dearness Allowance to Central Government Employees – Revised Rates effectives from 1.1.2011.



—————-



The undersigned is directed to refer to this Ministry’s office Memorandum No. 1(6)/2010-E-II(B) Dated 22nd September, 2010 on the subject mentioned above and to say that the president is pleased to decide that the Dearness Allowance payable to Central Government Employees shall be enhanced from the existing rate of 45 % to 51% with effect from 1st January, 2011.

2. The provisions contained in paras 3, 4 and 5 of this Ministry’s O.M No. 1 (3)/2008-E-II(B) dated 29th August, 2008 shall continue to be applicable while regulating Dearness Allowance under these orders.

3. The additional instalment of Dearness payable under these orders shall be paid in cash to all Central Government Employees.

4. The payment of arrears of Dearness Allowance for the months of January and February, 2011 shall not be made before the date of disbursement of salary of March, 2011.

5. These orders shall also apply to the civilian employees paid from the defense services Estimates and the expenditure will be chargeable to the relevant head of the Defense Service Estimates. In regard to Armed Forces personnel and Railway employees separate orders will be issued by the Ministry of Defense and Ministry of Railways, respectively.

6. In so far as the persons serving in the Indian Audit and Accounts Department are concerned, these orders issue after consultation with the controller and Auditor General of India.




(Y.P. Sehgal)
Deputy Secretary to the Government of India

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Rules of Central Civil Services and Civil Posts, Group 'C' posts in Pay Band 1

NOTIFICATION
New Delhi, dated 8th February, 2011
G.S.R.- In exercise of the powers conferred by the proviso to article 309
and clause (5) of article 148 of the Constitution, and after consultation with the
Comptroller and Auditor General of India in relation to the persons serving in the Indian Audit and Accounts Department, the President hereby makes the following rules regulating the educational and other qualifications for direct recruits for the posts which were in Group 'D' Scales prior to the implementation of the Sixth Pay Commission and have been placed in Group 'C' in Pay Band 1 (Rs. 5200-20200) plus Grade Pay of Rs. 1800/- in the Central Civil Services and Civil Posts in connection with the affairs of the Union,
namely:-
1. Short title and commencement.-
(1) These rules'may be called the Central Civii Services and Civil
Posts, Group 'C' posts in Pay Band 1 (Rs. 5200-20200) plus Grade Pay
Rs. 1800/- (Educational and other Qualifications for Direct Recruitment)
Rules, 2011.
(2) They shall come into force on the date of their publication in the
Official Gazette.
2. Application.- These rules shall apply to ail posts which were in Group 'D'
Scales (including the posts of Record Keepers in Group 'C' in Indian Audit and
Accounts Department) prior to the implementation of the Sixth Pay
Commission and have been placed in Group 'C' in Pay Band 1 (Rs. 5200-
20200) plus Grade Pay of Rs. 1800/- in the Central Civii Services and Civil
Posts under the Central Government and the Indian Audit and Accounts
Department.
3. Educational and other qualifications.- Notwithstanding anything contained
in any recruitment rules relating to the Group 'D' posts (including the posts of
Record Keepers in Group 'C' in Indian Audit and Accounts Department) prior to
the implementation of the Sixth Pay Commission, the educational and other
qualifications required for persons to be eligible to be appointed to Group 'C'
posts in Pay Band 1 Rs. 5200-20200 plus Grade Pay Rs. 1800/- by the method
of direct recruitment shall be as under, namely:
"Matriculation pass or equivalent from a recognised Board
Industrial Train~ngI nstitute pass Certificate from a recognised
institute".
(NO. No.AB-14017/6/2009-Estt (RR)

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