Staff Shortage Not A Valid Ground To Deny Child Care Leave: Chhattisgarh High Court

The Chhattisgarh High Court has held that once a government employee satisfies the eligibility conditions prescribed under the Chhattisgarh Civil Services (Leave) Rules, 2010, Child Care Leave cannot be denied merely on the ground of staff shortage or administrative exigencies. The Court observed that Child Care Leave is a beneficial statutory provision intended to enable mothers to provide proper care, protection and attention to their young children during their formative years, and must therefore receive a purposive interpretation.Justice Bibhu Datta Guru was hearing a writ petition filed by a Woman Warder posted at the Central Jail, challenging the rejection of her request for an extension of Child Care Leave. The petitioner, who gave birth to twin children on 10 September 2025, had earlier been granted Child Care Leave from 13 April 2026 to 11 July 2026. She thereafter sought an extension of 60 days, citing the tender age of her children and their continued need for maternal care. Her request was rejected solely on the ground of shortage of Women Warders in the Central Jail. The State contended that the rejection was justified because of staffing shortages and security requirements. An affidavit filed before the Court disclosed that out of 106 sanctioned Warder posts, only 82 were filled, with only 13 Female Warders posted in the Central Jail, Bilaspur.The Court noted that the respondents had never disputed the petitioner's eligibility under Rule 38-C of the Chhattisgarh Civil Services (Leave) Rules, 2010, nor was it their case that she had exhausted the maximum permissible period of 730 days of Child Care Leave. It held that the only reason for rejecting the application was the shortage of Women Warders. The Court observed that while vacancies and staffing deficiencies may create administrative difficulties, such constraints cannot defeat a statutory service benefit. It emphasised that it is the employer's responsibility to make appropriate administrative arrangements to meet service exigencies and that administrative inconvenience cannot override a statutory entitlement.“… there are vacancies in the cadre and shortage of Women Warders. However, such administrative difficulty, by itself, cannot constitute a valid ground for defeating a statutory service benefit conferred under the Leave Rules. The object of Child Care Leave is to enable a Government servant, particularly a mother of young children, to provide proper care, protection and attention to her minor children during their formative years,” the Court observed. Holding that the rejection order was arbitrary and legally unsustainable, the Court quashed the order rejecting the petitioner's application for Child Care Leave. It directed the respondents to sanction Child Care Leave for a further period of 60 days from the date of her request, and treat her absence during the intervening period as Child Care Leave, if applicable.Case Title: Smt. Manda Tiwari v. State of Chhattisgarh & Ors. [WPS No. 5386 of 2026]Click Here To Read/Download Order

Staff Shortage Not A Valid Ground To Deny Child Care Leave: Chhattisgarh High Court

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Staff Shortage Not A Valid Ground To Deny Child Care Leave: Chhattisgarh High Court

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