BENGALURU: The Karnataka High Court dismissed the petition filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS) against the order passed by the Central Administrative Tribunal (CAT), directing it to consider granting 120 days of Child Care Leave (CCL) to its nurse S Anitha Joseph and extend concerned benefits.
Dismissing the petition filed by NIMHANS, represented by its Director, Dr Prathima Murthy, the division bench of Justice Krishna S Dixit and Justice CM Joshi said the significance of CCL cannot be discounted. Anitha, who hails from Kerala, is a bonafide employee of NIMHANS since 2016, “with spotless service records”.
“Her’s is an inter-caste marriage; she begot a baby. Maternity leave apart, a lactating mother has to be granted CCL. The maximum is 120 days, combined with leave of any other kind in terms of Rule 43C of the Central Civil Services (Leave) Rules, 1972. It is only in the case of an employee, who is on a probationary period, such a leave may be denied,” the Bench added.
NIMHANS had moved the high court, questioning the order dated February 14, 2024, passed by the CAT, directing it to consider a grant of 120 days CCL from January 14, 2023, to May 14, 2023, and extend CCL benefits within eight weeks. Anitha was appointed Nursing Officer in 2016. She availed 180 days maternity leave till January 1, 2023.
The counsel for NIMHANS contended that any leave is not a matter of right and granting such a long leave would create difficulties in the ICU, where Anitha is working and her long absence would disrupt routine work of significance.
Rejecting this contention, the court noted that the counsel admitted that there are more than 700 nurses of whom 70 per cent are women. How the absence of one such nurse would create insurmountable difficulty, remains a riddle wrapped in enigma.
During the relevant period, how many of such nurses have remained away from the job because of resignation, retirement, removal or leave is also not forthcoming. In matters like this, the decision has to be a bit data-driven, and not based on assumptions and presumptions.