Disposed

Smt. Babita Koranga v. the Union of India

Uttarakhand HC15 May 2019WPSS/237/2019

Case brief

AI extract

What is this about?

A Havaldar in C.R.P.F. sought Child Adoption Leave. Due to a pending voluntary retirement application, the authority initially sanctioned only 76 days. Upon withdrawal of the retirement application, the petitioner sought the full 180 days. The Single Judge disposed of the petition by directing the competent authority to examine the request and pass an appropriate order within two weeks.

What did the court decide?

Direction to the Deputy Inspector General, C.R.P.F. to consider the petitioner's request for Child Adoption Leave and pass an appropriate order within two weeks.

Smt. Babita Koranga Vs the Union of India — Service and Employment | Uttarakhand HC (2019)

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WPSS No. 237 of 2019 Hon’ble Manoj K. Tiwari, J.

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Mr. Abhishek Dutt, Advocate, holding brief of Mr. S.C. Bhatt, Advocate for the petitioner.

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Mr. Rajesh Sharma, Standing Counsel for Union of India/respondents.

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Heard learned counsel for the parties.

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Petitioner is serving as Havaldar in C.R.P.F. Since she was issueless, therefore, in the month of January 2019, she adopted a female child of less than three months of age. Petitioner sought Child Adoption Leave of 180 days by making an application on 19.01.2019. Thereafter, petitioner applied for voluntary retirement due to her family circumstances. In view of the petitioner’s application for voluntary retirement, the Competent Authority sanctioned Child Adoption Leave only for 76 days. Subsequently, petitioner withdrew her application for voluntary retirement, which was allowed by the Competent Authority vide order dated 30.04.2019.

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Learned counsel for the petitioner submits that petitioner’s application for Child Adoption Leave beyond 76 days was not considered in view of petitioner’s application for voluntary retirement. He further submits that since the application for voluntary retirement has been withdrawn by the petitioner, therefore, her application for Child Adoption Leave deserves to be considered on merit, as there is no one in the family to look after the infant girl child. He further submits that, as per the applicable Rules, petitioner is entitled to Child Adoption Leave of 180 days.

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Learned counsel for the petitioner confines his prayer and prayed that writ petition may be disposed of by directing the

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Competent Authority to take decision on the said application at the earliest.

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Learned Standing Counsel fairly submits that the Competent Authority will examine petitioner’s request for Child Adoption Leave and will pass appropriate order in accordance with law.

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Accordingly, writ petition is disposed of with a direction to Deputy Inspector General, C.R.P.F. Group Center, Kathgodam to consider petitioner’s request and pass appropriate order, in accordance with law, within a period of two weeks from the date of production of certified copy of this order.

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(Manoj K. Tiwari, J.) Arpan 15.05.2019

Smt. Babita Koranga v. the Union of India

Case brief

What is this about?

What did the court decide?

Smt. Babita Koranga v. the Union of India

Case brief

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What did the court decide?

What the court decided

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