PRATIGYA TIWARI Vs. STATE OF M.P.

JUDGEMENT

(1.) The issue involved in this petition is whether a woman Government employee can be permitted to travel abroad on Child Care Leave (hereinafter referred to as "CCL") to take care of her minor child or not. The facts of the case in short are as under:

(2.) The petitioner is working as a Middle School Teacher in the School Education Department. She applied for a grant of CCL for the period of 2 years to take care of her second son, for the leave of 2 years starting from 8/6/2023. In the said application she did not disclose that she wanted to travel to England for the education of her son. Vide office order dtd. 14/6/2023, she was granted two years' CCL from 8/6/2023. Thereafter petitioner submitted another application to the Joint Director, Public Education Department seeking permission to travel abroad during CCL which came to be rejected vide order dtd. 10/8/2023 that there are no earned leaves available and there is no provision in the Rules for grant of permission for 2 years to travel abroad. Hence this writ petition before this Court.

(3.) Learned counsel for the petitioner submits that every woman Government employee is entitled to a maximum of 730 days of CCL under Sec. 38(c) of the M.P. Civil Services (Leave) Rules, 1977 (hereinafter referred to as "Rules, 1977") for her two elder surviving children below the age of 18 years, therefore, if she is required to travel abroad during this period, there should not have been any restriction by the Government. Learned counsel further submits that the Government of India has not imposed any such restriction on a woman employee on CCL to proceed on foreign travel. The Government of India, Ministry of Personnel, Public Grievances and Pensions Department vide office memorandum dtd. 3/4/2018 has decided that an employee on CCL may proceed to foreign travel provided clearance from appropriate competent authority is taken in advance.