Bengaluru: The Karnataka High Court has upheld the Central Administrative Tribunal's (CAT) decision, dismissing a petition filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS) against granting Child Care Leave (CCL) to one of its nurses, S Anitha Joseph. The court directed the institute to provide CCL benefits to Anitha and extend the same to others in similar situations.
The case arose from a request by Anitha Joseph for CCL from January 14, 2023, to May 14, 2023, totaling 120 days. Anitha, a nursing officer at NIMHANS since 2016, has maintained an excellent service record. She sought an extension of CCL benefits within eight weeks after completing 180 days of maternity leave, which ended on January 1, 2023.
NIMHANS' counsel argued that the nurse's absence would significantly disrupt the ICU, where she works, and affect essential operations. The court rejected this claim, noting that NIMHANS employs more than 700 nurses, 70% of whom are women. The court emphasized that the absence of a single employee should not cause such disruption.
The division bench, led by Justice Krishna S. Dixit and Justice C.M. Joshi, dismissed NIMHANS' petition, which was represented by its director, Dr. Prathima Murthy. The court reiterated the importance of CCL, emphasizing that it should not be overlooked.
Click this link B.Sc. Dialysis
In the recent media report from TNIE, the Bench stated, “Here’s is an inter-caste case under Rule 43C of the Central Civil Services (Leave) Rules, 1972. CCL may only be denied in the case of probationary employees.”
Additionally, the court pointed out that NIMHANS failed to provide specific data on nurse absenteeism due to resignation, retirement, or leave. The court stressed that decisions in such matters should be data-driven rather than based on assumptions and presumptions.
You may like also
