The Chhattisgarh High Court has ruled that a government employee cannot be denied Child Care Leave (CCL) due to shortage of staff or administrative difficulties. It also observed that Child Care Leave is meant to help mothers take care of their young children and should be interpreted in a way that supports this purpose.
Case of a Woman Warder
The case was filed by a woman warder posted at the Central Jail. She requested her department for extension of Child Care Leave, which was subsequently rejected by higher authorities. She challenged the rejection in the High Court. The petitioner gave birth to twin children on September 10, 2025. She had already been granted Child Care Leave from April 13, 2026, to July 11, 2026.
After the leave period ended, she applied for an additional 60 days of leave, stating that her children were still very young and needed her care. However, her request was rejected, citing a shortage of women warders in the jail.
Government’s Stand
The State Government argued that the leave extension was denied due to staff shortages and security requirements at the Central Jail. It informed the Court that out of 106 sanctioned warder posts, only 82 were filled, and only 13 women warders were posted at the Central Jail in Bilaspur.
Court Finds Employee Was Eligible
The High Court noted that the government never questioned the petitioner’s eligibility for Child Care Leave under Rule 38-C of the Chhattisgarh Civil Services (Leave) Rules, 2010. It also pointed out that she had not used the maximum limit of 730 days of Child Care Leave allowed under the rules. The Court found that the only reason for rejecting her request was the shortage of women warders.
The Court said that while staff shortages may create administrative challenges, they cannot be used to deny a statutory benefit given under the law. It observed that it is the employer’s responsibility to make proper administrative arrangements and fill vacancies. Administrative inconvenience cannot take away an employee’s legal right to Child Care Leave.
The Court also said that the main purpose of Child Care Leave is to allow mothers to provide proper care, protection, and attention to their young children during their early years.
High Court Sets Aside Rejection Order
The High Court held that the order rejecting the woman’s leave request was arbitrary and not legally valid. It cancelled the rejection order and directed the authorities to grant her an additional 60 days of Child Care Leave from the date of her application. The Court also directed that her absence during the intervening period should be treated as Child Care Leave, wherever applicable.
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