NIMHANS has to be considerate towards women nurses on their request for child care leave: Karnataka High Court

The National Institute of Mental Health and Neurosciences (NIMHANS), which is an instrumentality of the State, has to conduct itself as a model employer and has to be considerate while treating the claims of women employees for maternity and child care leave (CCL), said the High Court of Karnataka.

What adversity would have hit if CCL for 120 days was granted to a nurse, who is one among a total of around 700 nurses, 70% of whom are women, working in the institute, the court questioned while dismissing a petition filed by the NIMHANS.

A Division Bench comprising Justice Krishna S. Dixit and Justice C.M. Joshi made these observations while upholding the Central Administrative Tribunal’s direction to NIMHANS to grant 120 days of CCL to 32-year-old S. Anitha Joseph, a nursing officer attached to the emergency department of the institute.

The NIMHANS had filed the petition before the court challenging the tribunal’s order in favour of its employee-nurse.

Reasons for seeking leave

She had knocked the doors of the tribunal as her plea for CCL for 120 was rejected. She was initially granted 180 days of maternity leave and later she applied for 120 days of CCL, much before the end of her maternity leave. She had sought CCL for the reason that there was no one to take care of her child as all her relatives were in Kerala, and her husband was employed in a private company.

It was contended on behalf of NIMHANS that its guidelines do not permit CCL beyond 45 days at a stretch in a year, while also claiming that she cannot be granted CCL as there was a shortage of staff at the Intensive care unit (ICU), where she was assigned to work. It was argued that she was put on terms, while sanctioning maternity leave, that no extension of leave would be granted in view of the shortage of nurses in the institute.

What rule says

Both the tribunal and the court have noted that Rule 43-C of the Central Civil Services (Leave) Rules does not restrict CCL to 45 days at a stretch and the guidelines issued by the NIMHANS is contrary to the rules.

Though the employer has the right to reject request for leave, the Bench said that it depends on the circumstances, and the significance of CCL cannot be discounted.

Pointing out that a child has a fundamental right to be breastfed and referring to the rights of a child under the provisions of the Juvenile Justice (Care and Protection of Children) Act, the Bench said that the NIMHANS “cannot be oblivious to the fact that it is the mother who is the best judge to decide what would be in the best interest of a growing baby.”

Published - November 23, 2024 07:10 pm IST