VIJENDER KUMAR v. DELHI TRANSPORT CORPORATION, GOVT. OF NCTD

Factual and Procedural Background

The applicant, a Driver employed with the Delhi Transport Corporation (DTC), filed an Original Application (O.A. No. 2513/2014) seeking a direction to the respondents to pay him full salary for the month of March 2013 along with 24% interest. The applicant's wife gave birth to their second child on 26.02.2013. Subsequently, the applicant applied for Paternity Leave for 15 days from 28.02.2013 to 12.03.2013. During this period, he did not attend office. The respondents, however, did not grant the Paternity Leave and deducted the salary corresponding to these days from the applicant's March 2013 salary. The applicant challenged this deduction before the Central Administrative Tribunal, Principal Bench, New Delhi.

Legal Issues Presented

1. Whether the applicant was entitled to Paternity Leave under the applicable rules during the period from 28.02.2013 to 12.03.2013?
2. Whether the respondents were justified in deducting the applicant's salary for the said period?

Arguments of the Parties

Applicant's Arguments

• The applicant’s counsel submitted that under the Central Civil Services (Leave) Rules (CCS Leave Rules), every employee is entitled to Paternity Leave.
• Since the applicant’s wife gave birth on 26.02.2013, he was entitled to Paternity Leave and consequently to salary payment for the leave period.
• The respondents ought to have granted the leave and paid the salary accordingly.

Respondents' Arguments

• The respondents’ counsel contended that the Delhi Transport Corporation has not adopted the CCS (Leave) Rules.
• According to the respondents’ own rules, there is no provision for Paternity Leave, and no DTC employee has been granted such leave.
• The applicant absented himself from duty without sanction of any leave, rendering his absence unauthorized.
• Since the applicant had no other leave balance, the salary deduction was justified.

Table of Precedents Cited

No precedents were cited in the provided opinion.

Court's Reasoning and Analysis

The Tribunal observed that the applicant failed to demonstrate any rule under which he was entitled to Paternity Leave within the Delhi Transport Corporation’s service conditions. Additionally, the applicant did not provide any evidence of instances where Paternity Leave had been granted to other DTC employees. Given that the CCS (Leave) Rules were not adopted by DTC and no internal provision for Paternity Leave existed, the applicant’s absence was unauthorized. Consequently, the salary deduction by the respondents was lawful. The Tribunal found no merit in the applicant’s claim and dismissed the Original Application.

Holding and Implications

The Original Application is dismissed.

The direct effect of this decision is that the respondents are not required to pay the applicant salary for the period he claimed as Paternity Leave. No costs were imposed. The Tribunal’s order does not establish any new precedent regarding entitlement to Paternity Leave within the Delhi Transport Corporation, reaffirming that in absence of explicit leave provisions, unauthorized absence justifies salary deduction.