NEENA GAUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Learned Government Advocate submits that despite repeated correspondence with respondents No.1 and 2, viz, Principal Secretary, General Administration Department, Government of M.P. and Collector, District Bhind, he has not received any instructions from them, nor any Officer In-charge is appointed; therefore, no return could be filed.

(2.) The matter is instantly taken up for hearing. Petitioner, posted as Tahsildar, Mehgaon, District Bhind. Before her posting at Mehgaon w.e.f. 08/08/2018, the petitioner was posted at Mungaoli, District Ashok Nagar since September, 2017. The petitioner has two children. One of them is studying in Class X, who since was prosecuting his study under C.B.S.E had to be admitted at Gwalior in Gwalior Glory School having C.B.S.E., as at Mehgaon there is no school with C.B.S.E. That Class X examinations of her son are scheduled from 7th March, 2019 till 29th March, 2019. Petitioner in consonance with Rule 38(C) of Madhya Pradesh Civil Services (Leave) Rules, 1977 applied for child care leave which having been turned down by order dated 31.01.2019 has led the petitioner file this petition for quashing of said order and direction to the Authority concern to grant the petitioner child care leave till 30th March, 2019.

(3.) Rules 38(C) of the Rules of 1977 mandates:- "38(C) Child Care Leave-