3 Months Old Toddler Moves Delhi High Court As NDMC Denies Maternity Leave To Mother

The Petitioner has asserted his rights under Articles 14 and 21 of the Constitution of India to care by his parents.

NDMC on the other hand based its decision on Rule 43(1) of Central Civil Services (Leave) Rules, 1972 which provides that a female government servant with less than two surviving children may be granted maternity leave for a period of 180 days, by the competent authority.

Looking at the urgency in the matter, the Bench comprising Justice Najmi Waziri and Justice Swarna Kanta Sharma granted one last opportunity to the authority to file its response in the matter, subject to payment of costs. It expressed displeasure at the fact that despite issuance of notice in early March, no reply is forthcoming.

"There is urgency in the matter, especially because at his tender age the petitioner suffers irreparably when with each passing day he is deprived of his mother's care."

Further, keeping in view the peculiar facts of the case, the court appointed Advocate Shahrukh Alam as Amicus Curiae in the matter and placed it for further hearing on 17 May, 2022.

The reply will be filed subject to payment of costs of Rs.25,000/- to be deposited with the DCF(South), GNCTD, which in turn may consider planting trees.

"A compliance affidavit, along with photographs showing before and after plantation status of the land/area, shall be filed both by the DCF and by the respondents. The trees so planted shall be duly protected by tree-guards/fences. To the extent possible, community participation in the plantation and maintenance of the trees may be encouraged. Copy of this order be served upon DCF (South), GNCTD," Court said

Court also said that in case the reply is not filed in time, the right to file reply will be closed.