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In the case of Dr. Kanchan Bala vs. State of Haryana, the petitioner, a medical practitioner at ESI hospital at Jagadhari had applied for child care leave to take care of her daughter who was studying in 12th standard but his application was denied on grounds of insufficiency in the number of medical staff available in the hospital.
The court rejected the government’s contention and held that “Even though In Rule 46 (2) of the Haryana Civil Service (Leave) it is given that childcare leave shall not be deemed as matter of right and no one can, under any circumstances proceed on child care leave without prior sanction, the petitioner should have given leave in this case. Further the government contended that sanctioning the leave would have meant violation of rule 46(11). It states that “given that child care leave would not be granted if it disrupts the functioning of office/institution/School etc.
The court held that government cannot be allowed to take advantage of its own fault of not appointing sufficient and allowed the petitioner to be granted child care leave.
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