Karnataka HC Upholds 120 Days of Child Care Leave for NIMHANS Nurse

Bengaluru: In a notable ruling, the Karnataka High Court dismissed the petition filed by the National Institute of Mental Health and Neuro Sciences (NIMHANS) against the Central Administrative Tribunal (CAT). The CAT directed the institute to grant Child Care Leave (CCL) to one of its nurses, S Anitha Joseph, and extend the benefits to those concerned.

The case arises from a request made by Anitha Joseph for Child Care Leave (CCL) for the period between January 14, 2023, and May 14, 2023, amounting to a total of 120 days. Anitha, originally from Kerala, has been serving as a Nursing Officer at NIMHANS since 2016 and has maintained an impeccable service record throughout her tenure. In her petition, she sought an extension of CCL benefits within eight weeks. Notably, Anitha had previously availed 180 days of maternity leave, which concluded on January 1, 2023.

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The counsel for NIMHANS argued that the absence of the nurse would create significant difficulties, given the critical nature of her role. They claimed that granting such a long leave would disrupt the ICU, where Anitha works, and interfere with the routine operations of significance. Rejecting these claims, the court noted that the council had admitted there are more than 700 nurses, 70 per cent of whom are women. The court emphasized that, given this large pool of nurses, the absence of one employee should not cause such difficulty for the institution. 

The division bench of Justice Krishna S. Dixit and Justice C.M. Joshi dismissed the petition filed by NIMHANS, which was represented by its Director, Dr. Prathima Murthy, stating that the significance of CCL should not be overlooked.

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As per the recent media report in TNIE, the Bench added, “Her’s is an inter-caste marriage; she begot a baby. Maternity leave apart, a lactating mother has to be granted CCL. The maximum is 120 days, combined with leave of any other kind in terms of Rule 43C of the Central Civil Services (Leave) Rules, 1972. It is only in the case of an employee, who is on a probationary period, such a leave may be denied.”