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730 Days or 2 years Continuous CCL (Child Care Leave) for Central Govt. Women Employees : SC Passes Landmark Judgement

CCL or Child Care Leave is an important provision in any person’s employment. Why? As one’s Children are the first priority for most people. If a person earns truckloads of money, but because of the job the children get neglected, then most parents will eventually lament their misplaced priorities in life. That said, CCL or Child Care Leave provides for continuous Leave from one’s employment , during important milestones in the growing up years of a child.

In a landmark judgment, the Supreme Court bench comprising of Hon’ble Justice S J Mukhopadhyay and Hon’ble Justice V Gopala Gowda have said that Central Government Women employees are entitled for continuous 730 days or 2 years CCL. The judgment came in the hearing of in the petition filed by Mrs Kakoli Ghosh who is working under Andaman and Nicobar Administration.

The latest SC verdict has set aside the order passed by Hon’ble Calcutta High Court, Port Blair circuit bench, under which the High Court had narrowly interpreted the provision of child care leave available to central government women employees.

What Central Civil Services Rules CCS (Leave) Rules say about CCL ?

The Central Civil Services Rules CCS (Leave) Rules allow a women employee in the Central Government employment to avail child care leave for a period of 730 days in her entire service period with a condition that such leave can only be availed till such child attains the age of 18 years. Child Care Leave (CCL) was introduced in CCS (Leave) Rules in the year 2008. CCL can be availed by women employees for rearing her child or for looking after any other needs of the child including examination, sickness etc.

What was the Honorable Calcutta High Court’s Ruling with regard to CCL ?

in its verdict, the Hon’ble Calcutta High Court interpreted sub rule (3) of rule 43-C of CCS Leave Rules and indicated that the Child Care Leave is to be sanctioned only in spells. That’s the CCL can’t be taken in continuity. That’s 2 years in one stretch.

That apart, the Hon’ble Court also held that sub rule provides that the CCL cannot be granted for more than three spells in a year, hence it cannot be granted for a continuous period. The Court, in a way interpreted that an employee is entitled to avail the CCL only in spells and not in continuity.

While arguing for the Petitioner, it is argued that such interpretation is not correct as Government of India clarification notification dated 07.09.2010 does not indicate that the CCL may be availed only in spells. It only indicates that the government servant is entitled for only three spells of CCL in a year subject to a maximum of 730 days of CCL in her entire service and other conditions. This doesn’t infer in any way that CCL may not be availed in just one spell.

It was also argued in the Court that the Central Government has also clarified on 30.12.2010 that the in case the CCL so availed spills over to the next year, it may be treated as one spell against the year in which the leave commences.

The SC found these arguments well grounded , set aside the High Court verdict , and gave its verdict that Central Government Women employees are entitled for continuous 730 days or 2 years CCL.

Why judgement on CCL is a Landmark Judgement :

As it will get the the same implemented for the women employed at State Governments. And in some years, the same will be reflected in Private sector.

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SC Landmark Verdict : Transgenders should be treated as 3rd gender. Governments directed to grant them all facilities including voters ID, passport and driving licence.

Last month I wrote a detailed article as to why the discrimination against the Third gender or Eunuchs (Hijras) is not only sad and unfortunate for the Hijra community, but also the Nation. The crux of the article was : keeping eunuchs out of mainstream society not only discriminates against a fellow human being based on gender; it also deprives the Nation of the intellectual capability of eunuchs. Fortunately, in a landmark judgement yesterday, the Supreme Court bench of Justices K S Radhakrishnan and A K Sikri, recognised transgenders or eunuchs as third category of gender and directed Centre and states to grant them all facilities including voters ID, passport and driving licence.

The judgement by Highest Court of India, is not only a happy beginning for the transgenders or eunuchs ; it’s a Happy beginning for all of us. The move will not only better the living conditions of third gender in India, but it will also enrich the country intellectually by the contributions of the Third gender. Not to say, it will sensitise us about the third genders. A sensitivity which in turn, will make us more sensitive to women and girl child.

Speaking about the SC Judgement, after which Transgenders finally get formal identity in India, the SC has also directed the Centre and States to take steps for bringing the community into the mainstream by providing adequate healthcare, education and employment.

Many Newspapers are interpreting “providing adequate employment to Third gender” as the SC directing the Government to bring third gender under the ambit of reservation in Jobs (under OBC category as claimed by some reports). Don’t know what exactly the SC has said in its judgement, but providing reservation to Eunuchs in jobs is possible, just as the Women get horizontal reservation in jobs.

The SC said the Third Gender be treated as a socially and educationally backward class and be eligible for jobs and seats under the 27% OBC quota. Don’t know how the OBC quota can be effected as OBC quota is caste based and here the grouping is on the basis of gender.

The ruling also means that persons belonging to the third gender can now vote, own property and get married officially.

BTW, The SC judgement has directed the government to take steps for granting recognition to transgenders as a separate third category of gender after male and female. This means employment , admission and other Government applications will have an additional field along with Male and Female. A great move.

Emphasizing on the need to have an official Third gender, the SC also said eunuchs or third gender are the citizens of the country and have equal rights to education, healthcare and employment opportunities like other people belonging to male and female gender. The apex court also expressed concern over transgenders being harassed and discriminated in the society and passed a slew of directions for their social welfare.

Hopefully , Third Gender will define Eunuchs (Hijras) or Transgenders , as one’s self identified gender State

Unlike the general belief, Hijra or eunuch or transgender community in India, do have a voting right. But still majority of eunuchs don’t have a voting card. Why? As voting card requires identity proof and for an identity proof, a eunuch has to prove that bodily one belongs to eunuch gender. This is a difficult thing, as many eunuchs are born men , but mentally they feel like a woman.

SC using the term Transgender in its judgment indicates that the Apex Court wants to assert ‘the state of one’s gender identity (self-identification as woman, man, neither or both)’ as the criteria of declaring a person eunuch or Transgender. Have a look at the definition of Transgender ,

Transgender is the state of one’s gender identity (self-identification as woman, man, neither or both) or gender expression not matching one’s assigned sex (identification by others as male, female or intersex based on physical/genetic sex). Transgender is independent of sexual orientation; transgender people may identify as heterosexual, homosexual, bisexual, pansexual, polysexual, or asexual; some may consider conventional sexual orientation labels inadequate or inapplicable to them.

It’ll be good, if instead of providing opportunities in employment, the SC direct the Governments to first bring the third gender to mainstream society. And must not be too much bothered about their Economic well being. If brought to mainstream , they can excel even in normal opportunities. Directing Governments to provide employment to Third gender will unnecessarily complicate the inclusion of Third gender in mainstream society. For obvious reasons.

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NIT Trichy Assistant Professor posts on Contract Apr 2014

April 16, 2014

National Institute of Technology – Tiruchirappalli , NIT Trichy, Tanjore Road, Tiruchirappalli – 620015, Tamil Nadu, India invites applications from Indian Nationals for the 40 posts of Assistant Professor on Contract in various Departments of National Institute of Technology (NIT), Tiruchirappalli. Below are the key details on Contractual NIT Trichy Assistant Professor posts : Assistant […]

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HSSL Jaipur Manager Posts, Trainee Posts April-2014

April 16, 2014

Hindustan Sambhar Salts Limited (HSSL) , B-427, Pradhan Marg, Malviya Nagar, Post Box No.: 146, Jaipur-302017 , Rajasthan , India, a Government of India Enterprise, invites applications Manager Posts, Trainee Posts. Below are the key details of from Indian Nationals for following posts HSSL Jaipur Manager Posts, Trainee Posts : General Manager (Works) : 01 […]

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UPSC CAPF Assistant Commandants Examination 2014

April 15, 2014

UPSC Central Armed Police Forces (CAPF) Assistant Commandants Examination – 2014 Union Public Service Commission (UPSC), Dholpur House, Shahjahan Road, New Delhi – 110069 invites applications for Central Armed Police Forces (CAPF) Assistant Commandants Examination – 2014. Below are the key details of CAPF Assistant Commandants Examination – 2014 : NOTE: Both male and female candidates […]

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Junior Technical Superintendents, other posts in IIT Kanpur Apr2014

April 15, 2014

Indian Institute of Technology Kanpur , IIT Kanpur , invites online applications for various posts on Regular / Deputation / contract basis (for a period of 5 years which is extendable on noteworthy performance) in administrative and technical Cadre. Below are the key details of Junior Technical Superintendents, other posts in IIT Kanpur : Medical […]

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NCSCM Chennai various Posts April-2014

April 15, 2014

NCSCM Chennai various Posts : Scientist (B,C,D,E,F) posts, Software Engineer, Junior Application Engineer, Junior Technical Assistant, Technical Assistant, Data Entry Operator etc. National Centre for Sustainable Coastal Management (NCSCM) , Koodal Building, Anna University Campus, Chennai – 600025, an autonomous body of the Ministry of Environment and Forests, Govt. of India , an autonomous centre of the Ministry of Environment and […]

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Arvind Kejriwal called an Absconder !… Totally Unnecessary

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Prior to his visit to Varanasi Today, Bhagat Singh Sena or whatever its name be , is busy putting “Absconder” posters in Varanasi. Since early morning today, AAP Varanasi supporters are busy removing those posters. What can one say about these tactics. If the posters and hoardings are actually pasted and installed by Bhagat Singh […]

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Narendra Modi’s marriage disclosure : What is Worrying ?

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A couple of days ago, BJP’s PM candidate Narendra Modi disclosed his marriage for the first time. In a declaration in election papers filed last week, Modi revealed for the first time that his wife’s name is Jashodaben. On previous occasions, including in the last Gujarat state election in 2012, he used to keep the spouse […]

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Indian Navy Commissioned Officer Logistics , Education , ATC Dec-2014 entry

April 14, 2014

Navy Commissioned Officer Logistics , SSC Officer Education and SSC Officer Air Traffic Control. December 2014 entry. The Indian Navy invites applications from unmarried male Indian citizens for Permanent Service Commission (PSC) in the Logistics Cadre of Executive Branch and unmarried Male/ Female for Short Service commission in Education Branch and ATC of the Indian […]

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