K.SUBHA Vs. DEPUTY INSPECTOR GENERAL OF POLICE

JUDGEMENT

(1.) In this writ petition, the petitioner seeks for a direction to the respondents to extend the child care leave from 30 days sanctioned on the first respondent's letter dated Nil (October, 2012) to one year.

(2.) The petitioner is working as a Sub Inspector of Police in the Central Reserve Police Force and at present, she is posted at Group centre, Avadi. On 8.8.2012, she wrote to the first respondent Deputy Inspector General of Police, Group Centre, CRPF, Avadi, seeking for sanction of one year child care leave in accordance with the CCL Leave Rules, 1972. She informed the first respondent that she has two daughters, who are 15 years and 8 years respectively. The first daughter Priyanka requires personal attention by her and that her presence at home is very much necessary. Therefore, she sought for sanction of one year leave and necessary leave application was also sent by her. The petitioner was informed by an order dated 01.09.2012 that she was transferred to join ATC-Ranga Reddy on 03.09.202 pursuant to the order passed by the Inspector General of Police, SS, CRPF, Hyderabad. Subsequent to the petitioner sending leave letter, the first respondent informed her by an order dated 08.09.2012 that her child care leave for one year was not granted by the competent authority due to shortage of staff.

(3.) The petitioner had issued a legal notice reiterating her desire of availing child care leave as the children of the petitioner was suffering due to illness. Thereafter, she filed a writ petition before this court being W.P.No.26690 of 2012 challenging the order of rejection of child care leave and after setting aside the same, seeks for a direction to sanction child care leave applied by her. Her request was resisted by the respondent by stating that the medical certificate produced by her has to be verified. At times, some employees to avoid transfer produce fake medical certificates. This court by an order dated 03.10.2012 had disposed of the writ petition and the order dated 08.09.2012 was set aside and the matter was remitted to the first respondent, who was directed to consider the claim of the petitioner in the light of the medical records to be produced by her and also to consider her claim and pass final orders. In the meanwhile, the petitioner produced the medical certificate from the renowned Psychiatrist stating that her daughter Priyanka was suffering from Bi Polar Disorder and was taking treatment from him since January 2012. This treatment will take some time and it requires supervision.