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.