PINGLA BHATT Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) Learned counsel for the petitioner would submit that the petitioner was blessed with a baby boy on 03.11.2019, consequently, as per Section 38-C of the Chhattisgarh Civil Services (Leave) Rules, 2010 (hereinafter referred to as the 'Rules, 2010') she applied for child care leave on 16.07.2020 vide Annexure P-1. He would further submit that in the said application by an endorsement at bottom of it, it was rejected on the ground that application does not fulfill the point 3 and 10 of the directions issued by the State Government for such leave for child care and it was rejected. He would further submit that point 3 and 10 of the directions issued by the State Government, on which the cancellation was ordered is on the entirely different subject. It is stated the respondent No.3 Deputy Director, Veterinary Services, under whom the petitioner is working, has rejected the application casually, therefore, before rejection of such application, the authority should have applied its mind and it should not have been rejected the application cursorily which was done on the earlier occasion too.

(2.) Learned State counsel opposing the arguments would submit that as per point No.3 of the directions, the application for child care leave should have been produced before three weeks and as per point 7 and specific reason should have been assigned to avail such leave. It is further submitted that as per point 8, the child care leave could not be claimed as a matter of right, therefore, since the child care leave cannot be claimed as a matter of right, the rejection of the application is justified.

(3.) Perused the documents attached with the petition. Rule 38-C of the Rules, 2010 reads as under:-