Extracted from the PDF above. The PDF is authoritative.
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2025:CGHC:21547
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCC No. 480 of 2025 1 - Lata Goyal W/o Shri Ravindra Goyal Aged About 46 Years Working As Assistant Administrative Officer, I.I.M. Raipur, R/o H.I.G.-1, Sector-29, Atal Nagar, Naya Raipur, District - Raipur, Chhattisgarh
... Applicant versus 1 - Union Of India Through Its Secretary, Ministry Of Education, Government Of India, 124-C, Shastri Bhawan, New Delhi 2 - Indian Institute Of Management (I.I.M.) Raipur, Through Its Director, Atal Nagar, P.O. - Kurru, Abhanpur, Raipur, Chhattisgarh
... Non-Applicants (Cause title taken from CIS) For Petitioner(s) : Ms. Khushboo Dua, Advocate. For Respondent No.1/UOI : Shri Niraj Baghel, Advocate appears on behalf of Shri Ramakant Mishra, DSGI. For Respondent No. 2 : Shri Sabyasachi Bhaduri, Advocate. Hon'ble Shri
Bibhu Datta Guru
, Judge
Order on Board SHOAIB ANWAR Digitally signed by SHOAIB ANWAR Date: 2025.05.09 23:56:23 +0530
2 09.05.2025
1. The instant MCC has been filed by the applicant for modification of the order dated 05/05/2025 passed by this Court in WPS No. 6831/2024 on the ground that in the writ petition, the applicant/ writ petitioner prayed for Child Adoption Leave and Child Care Leave as per the Central Services (Leave) Rules 1972, (for short ‘the Rules 1972’) and said aspect has entirely been dealt with by this Court in the order dated 05.05.2025, but in the operating part at paragraph 25 only held that the petitioner is entitled for Child Adoption Leave and the entitlement of Child Care Leave has not been typed out. Thus, the applicant would pray for modification of the operating part of the order dated 05.05.2025. 2. I have heard learned counsel for the parties. 3. Having considered the entire facts and circumstances of the case, particularly considering the fact that in the entire order, the issue regarding Child Adoption Leave and the Child Care Leave has been considered by this Court and quashed the order (Annexure P/1) in the writ petition and held that the petitioner is entitled for the leave as per the Rules 1972. 4. In view of the above, the paragraph 25 of the order dated 05.05.2025 passed in WPS No. 6831/2024 is modified in the following manner:-
“25. Applying the well settled principles of law to the facts of the present and the for the reasons mentioned hereinabove, the impugned orders (Annexure-P/1) are quashed.
It is held that the petitioner is entitled for 180
3 days child adoption leave as also the child care leave as per the Rules, 1972. Since from para 8.22 of the writ petition it is evident the respondent No.2 has already granted 84 days child adoption leave to the petitioner as per Maternity Benefit (Amendment) Act, 2017, the respondent No.2 is directed to verify and adjust the same and also grant child care leave in favour of the petitioner.”
5. Accordingly, the MCC is disposed of. 6. Copy of this order be supplied along with the copy of the order dated 05.05.2025 passed in WPS No. 6831/2024. Sd/-
(Bibhu Datta Guru) Judge Shoaib