Child care leave to be applied for in advance: High Court
“It cannot be applied for to act retrospectively and therefore, there is nothing wrong in the department holding that ex post facto permission cannot be granted,” Justice Raina asserted.
Before parting with the order, Justice Raina observed that the first request in the case in hand was made on April 6, 2011, for granting backdated child care leave with effect from November 30, 2010, to March 30, 2011. Dismissing the plea, Justice Raina added that there was no merit therein.
Haryana Government rules suggest that child care leave cannot be demanded as a matter of right and no one can, under any circumstances, proceed on child care leave without prior proper sanction by the competent authority.
Child care leave is also admissible during the probation period, provided the probation period is extended by the period of child care leave availed. Besides this, the leave may not be availed for a period of less than 30 days.