Child care leave right of every working woman: CAT
Central Administrative Tribunal (CAT) has ruled that child care leave
(CCL) was the right of every working woman, while directing the Post
Graduate Institute of Medical Education and Research (PGIMER),
Chandigarh, to reinstate an employee who was sacked for proceeding on
CCL.
Anu Sharma, a mother of two, who worked as senior laboratory technician,
department of advanced paediatric centre, PGIMER, was sacked for
failing to join the institute after her plea for extension of CCL was
turned down by the institute.
Directing PGIMER to reinstate Anu, the tribunal had held that every
woman had the natural right to take care of her children and keeping in
view this, child care leave was introduced as a matter of right for the
working women.
The tribunal in its order said, "CCL of two years has been allowed to
women employees as a welfare measure. Staff shortage can always be
addressed through short-term appointments and the institute such as the
PGIMER has the autonomy/authority to make such arrangements."
Providing relief to Anu, the tribunal observed, "The PGIMER has not
stated that the grounds on which the applicant was applying for CCL were
not genuine. Apparently, the leave was refused only on account of
perceived shortage of staff. The PGIMER authorities appear to have taken
an unduly harsh view in the matter."
The tribunal held, "Memo of charges dated September 21, 2011 is quashed.
The PGIMER is directed to reinstate the applicant in service and treat
the period for which she was not on duty as leave of the kind due/leave
without pay as may be appropriate within 45 days."
The complaint
Anu had served the PGIMER from May 1997 to November 2012 in the capacity of junior/senior lab technician.
On her request, child care leave
for six months from July 12, 2010 to January 7, 2011 was sanctioned.
Before her leave came to an end, she applied for extension of the leave
from January 10, 2011 to July 8, 2012 to complete two years' of child
care leave as originally applied for, but it was refused.
At the time of applying for the leave, Anu had said that she had a
daughter aged 8 and a 13-year-old son, who was medically unfit.
The request of the applicant for extension of child care leave as well
as for leave without pay was rejected. Since the applicant did not join
duty, the PGIMER issued memo of charges on September 21, 2011, for lack of devotion to her duty.
After issuance of memo she resumed duty and worked till May 14, 2012.
Thereafter, she remained on sanctioned leave from May 2012 to August
2012 and further applied for CCL from September 17, 2012. Finally, her
services were terminated through an order on April 24, 2014.
Penalty on her does not merit reconsideration: PGIMER
Contesting the claims of Anu, the PGIMER said since Anu had remained
willfully absent from duty, thus penalty imposed upon her does not merit
reconsideration.
They said that the head, department of paediatrics, forwarded the application
with the remarks that further leave cannot be granted due to shortage
of staff or a replacement may be provided. They said that the competent
authority considered and declined the request of the applicant seeking
extension of CCL and she was categorically told that CCL had been
rejected and she was being treated as 'willfully absent from duty' since
January 8, 2011.
She was directed to resume duty immediately, failing which disciplinary action would be initiated.
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