Petitioners sought to withdraw a writ petition challenging the vires of Central Civil Services (Leave) Rules sought to be read with the Rights of Persons with Disabilities Act, 2016, to grant Child Care Leave to primary caregivers of children with 40% or more disability.
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DR SURABHI MOHANTY & ANR. .....Petitioners
Through: Mr. Ishaan Karki, Advocate
versus
UNION OF INDIA & ORS. .....Respondents Through: Mr. V. Balaji with Mr. Nizamuddin Advocates for R- 2-4
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
O R D E R
% 05.12.2024
seeks to withdraw this writ petition, seeking for the following reliefs
“a) To declare that Rule 43-C & Rule 7 of the Central Civil Services (Leave) Rules, 1972 be read with the Rights of Persons with Disabilities Act, 2016 to grant primary care-givers, of children with 40 per cent or more disability, and other children in similar need of care and protection, Child Care Leave as matter of priority and/or right, subject to other conditions under the CCS(Leave) Rules being fulfilled In the alternative: Direct the Respondent No. 1 to formulate a scheme in re: categories of children with disabilities et al whose caregivers will be eligible for CCL on a priority basis and/ or as a matter of right.
b) In view of prayer (a), to direct Respondent No. 1 to suitably amend Office Memoranda No. 13018/212008-Estt. (L) dated 18.11.2008 & No. 1301 8/6/2009-Estt. (L) dated 03.03.2010 and other similar Office Memoranda/ Notifications issued by Respondent No. 1, so as to grant Child Care Leave to primary caregivers of children with a percentage disability of more than 40 per cent, on priority basis and as a matter of right in accordance with the Rights of Persons with Disabilities Act, 2016”
W.P.(C) 14258/2021 Page 1 of 2
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:47:00
application. The question of law relating to challenge to the vires of Rule 43-C and Rule 7 of the Central Civil Service (Leave) Rules, 1972 read with the Rights of Persons with Disabilities Act, 2016 to grant primary caregivers to children with 40% or more disability and other children in similar need of care and protection is however left open.
JYOTI SINGH, J
DECEMBER 5, 2024/j
2 of 2
W.P.(C) 14258/2021 Page
This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 07/12/2024 at 11:47:00
Dr Surabhi Mohanty & Anr.
Union of India & Ors.
Jyoti Singh
As recorded by the court registry
A petition under Article 226 of the Constitution asking a High Court to issue a writ against the State or a public authority in a civil matter.
Judgements on the same questions, provisions and authorities, from every court
