M.ASIYA BEGUM Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition has been filed, seeking for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the order passed by the 4th respondent in his Order No.E-23018/CISF/RTC(A)/Doc/ML/2018/5978, dated 8.5.2018, quash the same and consequently, direct the respondents to convert the Maternity Leave granted earlier i.e. 180- days from 13.02.2017 to 12.08.2017.

(2.) The petitioner joined as Sub Inspector in the Central Industrial Security Force in 2008. On 24.7.2015, the petitioner was granted 180 days Maternity Leave for her first Maternity by the 4th respondent. At that time, the petitioner gave birth to twins. Subsequently, on 25.3.2017, the 4th respondent had granted another 180 days of Maternity Leave for second delivery with effect from 13.02.2017 to 12.08.2017. While so, by order dated 08.05.2018, the 4th respondent clarified that the petitioner was not entitled to second Maternity Leave in terms of Rule 43 of CCS (Leave Rules) 1972 as she was entitled to such leave only with less than two surviving children. The said order is put to challenge in the present Writ Petition.

(3.) Mr.M.Md.Ibrahim Ali, learned counsel appearing for the petitioner would submit that the impugned order passed by the 4th respondent is unconstitutional since being a lady Officer, the petitioner is entitled to Maternity Leave for the second time. He would submit that it was not her fault that she had given birth to twins in her first delivery and that the 4th respondent's action in giving clarification adverse to the lady Officer like the petitioner herein, cannot be countenanced in law and more over, such clarification is opposed to equity, fair play, good conscience and justice.