Ruchi Nagar v. State Of Chhattisgarh

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR Writ Petition (PIL) No. 57 of 2018

1. Ruchi Nagar W/o Nikhil Nagar, Aged About 29 Years R/o A-15, Om Zone Colony, Shubham Vihar, Bilaspur, P.S. Civil Lines, Bilaspur Chhattisgarh.

2. Dr. Rinita Rai, W/o Sanjeev Kumar Roy, Aged About 46 Years R/o F-18, Avanl Vihar Daldalseoni Mova Raipur Chhattisgarh. Post - Veterinary Assistant Surgeon I/c Disease Investigation Lab, Mahasamund Chhattisgarh. ---- Petitioners

Versus

1. State Of Chhattisgarh Through Its Secretary, General Administrative Department Mantralaya, Mahanadi Bhawan, Naya Raipur Raipur Chhattisgarh.

2. The Secretary Women And Child Development Department, Mantralaya, Mahandi Bhawan, Naya Raipur, Raipur Chhattisgarh.

3. The Secretary, Health And Family Welfare Department, Mantralaya, Mahanadi Bhawan, Naya Raipur Raipur Chhattisgarh.

4. The Secretary, Finance Department Mantralaya, Mahanadi Bhawan, Naya Raipur, Raipur Chhattisgarh.

---- Respondents For Petitioners : Shri Mateen Siddiqui, Advocate.

For Respondent/State : Shri J.K. Gilda, Advocate General with Shri A.S. Kachhawaha, Additional Advocate General. Hon'ble Shri Ajay Kumar Tripathi, Chief Justice Hon'ble Shri Pritinker Diwaker, Judge Order on Board 18/07/2018 Per Ajay Kumar Tripathi, Chief Justice 1.

The issue raised in the present Public Interest Litigation is that the State of Chhattisgarh has not taken into consideration provision for grant of Child Care Leave for the employees while notifying the Chhattisgarh Civil Service (Leave) Rules, 2010.

2.

The requirement for provision of Child Care Leave cannot be a matter of debate now, but since in the present Public Interest, there is no evidence to show that any demand was ever made before the State authorities to perform a duty of public kind and there has been failure on their part, this writ application stands disposed off with liberty to the Petitioners to bring it to the notice of the Chief Secretary the requirement for bringing suitable amendment suitably in the Leave Rules making provision of Child Care Leave.

3.

Writ is disposed off as above.

Sd/- Sd/- (Ajay Kumar Tripathi) (Pritinker Diwaker) CHIEF JUSTICE JUDGE Anu