NDLI: Deepika Singh Vs. Central Administrative Tribunal and Others

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	Service Law: Central Civil Services (Leave) Rules 1972: r. 43 – Maternity leave
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Case(s) Referred	Referred Case 0 Referred Case 1 Referred Case 2 Referred Case 3 Referred Case 4
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Allowed
Headnote	Service Law: Central Civil Services (Leave) Rules 1972: r. 43 – Maternity leave – Entitlement to – Female government servant- nursing officer applied for maternity leave on the birth of her first biological child when she had already taken the benefit of child care leave in respect of the two children born to her spouse from his first marriage – Rejected by the tribunal as also the High Court – On appeal, held: Independent of the grant of maternity leave, a woman is also entitled to the grant of child care leave for taking care of her two eldest surviving children whether for rearing or for looking after any of their needs, such as education, sickness and the like – Both maternity leave and child care leave constitute distinct entitlements – The fact that the nursing officer’s spouse had two biological children from his first marriage would not impinge upon her entitlement to avail maternity leave for her sole biological child – Grant of child care leave to her cannot be used to disentitle her to maternity leave u/r. 43 – Unless a purposive interpretation were to be adopted, the object and intent of the grant of maternity leave would simply be defeated – Grant of maternity leave under the Rules of 1972 is intended to facilitate the continuance of women in the workplace – Child birth has to be construed in the context of employment as a natural incident of life and hence, the provisions for maternity leave must be construed in that perspective – Furthermore, the guardians and caretakers-mother and father, of children may change with remarriage, adoption, or fostering – Such atypical manifestations of the family unit are equally deserving not only of protection under law but also of the benefits available under social welfare legislation – On facts, the structure of the employee’s family changed when she took on a parental role with respect to her spouse’s biological children from his previous marriage – When courts are confronted with such situations, they would do well to attempt to give effect to the purpose of the law in question rather than to prevent its application – Thus, the nursing officer was entitled to the grant of maternity leave – Judgment of the High Court and the tribunal is set aside.
Judge	Hon'ble Dr. Justice D.Y. Chandrachud
Neutral Citation	2022 INSC 834
Petitioner	Deepika Singh
Respondent	Central Administrative Tribunal And Others
SCR	[2022] 7 S.C.R. 557
Judgement Date	2022-08-16
Case Number	5308

Sl.	Authority	Responsibilities	Communication Details
1	Ministry of Education (GoI), Department of Higher Education	Sanctioning Authority	https://www.education.gov.in/ict-initiatives
2	Indian Institute of Technology Kharagpur	Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project	https://www.iitkgp.ac.in
3	National Digital Library of India Office, Indian Institute of Technology Kharagpur	The administrative and infrastructural headquarters of the project	Dr. B. Sutradhar bsutra@ndl.gov.in
4	Project PI / Joint PI	Principal Investigator and Joint Principal Investigators of the project	Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon
5	Website/Portal (Helpdesk)	Queries regarding NDLI and its services	support@ndl.gov.in
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7	National Digital Library of India Club (NDLI Club)	Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach	clubsupport@ndl.gov.in
8	Digital Preservation Centre (DPC)	Assistance with digitizing and archiving copyright-free printed books	dpc@ndl.gov.in
9	IDR Setup or Support	Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops	idr@ndl.gov.in

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