LATA GOYAL Vs. UNION OF INDIA

JUDGEMENT

(1.) By the present writ petition, the petitioner is seeking for the following reliefs :

(2.) (a) Learned senior counsel appearing for the petitioner would submit that the petitioner appointed in the establishment of the respondent No.2/ Indian Institute of Management (IIM), Raipur in the year 2013 and presently holding the post of Assistant Administrative Officer. He would submit that the marriage of the petitioner was solemnized in the year 2006 and since the couple was not having any issue from the wedlock, on 20/11/2023 they adopted an infant girl child of two days. Thereafter, the petitioner applied for grant of Child Adoption Leave for 180 days with effect from 20/11/2023. The respondent authorities without appreciating the facts and circumstances of the case by the order impugned dtd. 18/12/2023 denied the said leave stating that as per the institute's HR policy, there is no provision. However, under the head of commuted leave, the institute policy provides a maximum of 60 days leave to female staff with less than two living children who adopt a child less than one year old. Therefore, they granted the commuted leave for a period of 60 days from 20/11/2023 to 18/11/2024.

(3.) (I) Learned counsel for the IIM/respondent no. 2, ex adverso, would submit that the respondent No. 2 is an autonomous institution established under the Act, 2017 and it is not bound by the Rules, 1972, unless expressly adopted by its Board of Governors[for short 'the BoG']. The HR Policy of IIM Raipur is the governing framework for service conditions and the petitioner cannot unilaterally demand application of the Rules, 1972 in contravention of the Institute's policies. Learned counsel submit that the HR Policy of IIM Raipur does not contain any provision for Child Adoption Leave under the applicable leave framework instead, the policy provides for commuted leave for female staff members under certain circumstances, which was granted to the petitioner in good faith.