SC asks Jharkhand HC to reconsider plea of single parent judicial officer for child care leave
New Delhi, The Supreme Court on Friday asked the Jharkhand High Court to reconsider the plea of a single parent woman judicial officer challenging the denial of her child care leave request.
A bench of Justices Prashant Kumar Mishra and Augustine George Masih said the high court would consider the plea of a judicial officer without being influenced by the previous rejection of her plea.
The Jharkhand high court counsel was ordered to seek instruction within three days as the bench posted the matter next week.
"It was suggested to the respondent high court that the prayer for grant of child care leave be revisited without being influenced by earlier rejection," the top court said.
The bench told the high court counsel that it was only appropriate if the high court revisited the issue as the top court's directions could set a precedent.
On May 29, the top court sought responses from the Jharkhand government and the high court registry on a plea of a single parent woman judicial officer challenging the denial of her child care leave request.
It had taken note of the plea of the additional district judge rank judicial officer from the scheduled caste category, alleging that she was denied six months of leave.
The judicial officer sought the leave between June and December in view of examination of her child.
The CJI-led bench had initially issued a notice on her plea, asking why she did not move the Jharkhand High Court first.
The judge's lawyer said keeping in mind the summer vacation schedule of the high court, it was possible that the plea wouldn't have been considered with due urgency.
"She is a single parent from the lowest strata of society," the lawyer said, underlining an "impressive" service record in which she had disposed of over 4,000 cases in over two-and-a-half years.
According to the Child Care Leave Rules applicable to the judicial officers, the ADJ is entitled to up to 730 days of leave during her service tenure and she sought merely six months of the entitlement, the plea argued.
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