Case Law Details
Tanuja Tolia v. State of Uttarakhand & Ors. (Uttarakhand High Court at Nainital)
A full bench of Uttarakhand High Court has upheld the rights of a person working on a contractual basis to have the right of getting child care leave as same as any other regular Government employee. It was agreed that the child care leave is primarily for the benefit and a matter of right of the child, as a child whose mother happens to be employed on a contractual basis with the Government will have similar needs as any other child.
Mere denial of a Child Care Leave (CCL) to a government employee due to her employment being contractual in nature would mean a denial of rights of a child rather than the mother as an employee and doing such will be a violation of the rights of the child under Article 14 and 21 of the Constitution of India.
Though, the bench also added a proviso that” an employee could be allowed a CCL for a period of 31 days, as an “earned leave” as is given to employees in pursuance of the order dated May 30, 2011 provided by the Uttarakhand Government specifying “Child Care Leave for Woman Government Servants in Service”.
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