DR. AKANSHA DIKSHIT v. STATE OF U.P. THRU. PRIN. SECY. SOCIAL WELFARE DEPTT. GOVT. LKO AND 3 OTHERS
WRIA/4583/2024 · 2025-02-17
Alok Mathur
body2025
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[ 2025 DAILYLAW 141998 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 141998 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:10696 Court No. - 6 Case :- WRIT - A No. - 4583 of 2024 Petitioner :- Dr. Akansha Dikshit Respondent :- State Of U.P. Thru. Prin. Secy. Social Welfare Deptt. Govt. Lko And 3 Others Counsel for Petitioner :- Varun Kant Counsel for Respondent :- C.S.C. Hon'ble Alok Mathur,J.
1. Heard Shri Varun Kant, learned counsel for the petitioner and learned Standing Counsel for the State-respondents.
2. It has been submitted by learned counsel for the petitioner that the petitioner is working on the post of District Social Welfare Officer and has an excellent academic record being a PhD (Gold Medalist) in Ancient Indian History and has also published more than 250 articles and has also been awarded Amritlal Nagar Samman, 2024. It has been submitted that petitioner has a son aged 16 years and as he was to appear in the Board Examination, the petitioner had moved an application for Child Care Leave on 08.02.2024 seeking Child Care Leave from 20.02.2024 to 20.03.2024. The said request has been rejected by opposite party no.2 by means of leave order dated 22.02.2024 stating that petitioner is not entitled for the said leave. The petitioner again moved an application for grant of Child Care Leave, which was again rejected on 15.05.2024 stating that the model code of conduct is in operation and hence the leave was rejected.
3. Learned counsel for the petitioner submits that the Government of India, Ministry of Personnel, Public Grievance & Pensions, Department of Personnel & Training by means of office memorandum dated 11.09.2008 had provided for grant of maternity leave and child care leave. According to the said
memorandum, 180 days of maternity leave could be granted and women employees having minor children may be granted Child Care Leave for a maximum period of two years (730 days) during their entire service for taking care of upto two children whether for rearing or looking after any of their needs like examination, sickness, etc. Child Care Leave shall not be admissible if the child is 18 years of age or older.
4. It has further been submitted that the Government Order dated 11.09.2008 has been adopted by the State of Uttar Pradesh by order dated 11.04.2011. Accordingly, it is in the furtherance of the Government Order dated 11.09.2008 that the petitioner had moved an application for Child Care Leave.
Learned counsel for the petitioner submits that examination of the son of the petitioner will continue till 15.03.2025 and the last application made by the petitioner is for grant of Child Care Leave from 05.02.2025 to 01.05.2025, total of 86 days.
5. After arguing the matter at some length, learned counsel for the petitioner submits that grievance of the petitioner shall be substantially redressed in case opposite party no.2 is directed to consider and decide the application of the petitioner in accordance with the Government Order dated 11.04.2011, expeditiously.
6. Learned Standing Counsel does not object if a direction is issued to respondent no.2 for expeditious disposal of the application preferred by the petitioner.
7. Accordingly, without entering into the merits of the case, the writ petition is disposed of with liberty to the petitioner to move a fresh representation/ application before the respondent no. 2 - Director, Directorate of Social Welfare, U.P., Lucknow within a period of seven days from today. In case the same is
moved, the respondent no.2 shall decide the same expeditiously, say within ten days thereafter, by a reasoned and speaking
order, without being influenced by the rejection of the applications of the petitioner on previous two occasions and strictly in terms with the Government Order dated 11.04.2011. (Alok Mathur, J.)
Order Date :- 17.2.2025 Arnima Digitally signed by :- ARNIMA SINGH High Court of Judicature at Allahabad, Lucknow Bench