Child Care Leave Not An Entitlement But Can't Be Denied Arbitrarily Or Mechanically: Delhi High Court

The Delhi High Court has observed that while child care leave (CCL) granted to women government employees is not an entitlement but the same cannot be denied arbitrarily or mechanically. “While it is correct that CCL is not an entitlement as of right, the discretion to deny cannot be exercised arbitrarily or mechanically. It must be guided by the object and spirit of the rule, which is to support the welfare of the child and the legitimate needs of the mother,” a division bench comprising Justice Navin Chawla and Justice Madhu Jain said. The Bench was dealing with a plea filed by a woman employed as a TGT (Mathematics) at the Government Co-Ed Senior Secondary School. She sought CCL on multiple occasions to take care of her two children who were studying in Classes X and XII, while her husband, a Marine Engineer, remained out of India for long durations due to work.Her request was objected by the Principal on the ground that no substitute Mathematics Teacher was available in the school, and that her request could only be allowed after arranging a substitute. Her second request was also denied. However, she was later granted CCL for 78 days. Later, she applied for Extraordinary Leave (EOL) since her request for CCL was not being considered. Her request was rejected on the ground that the CCL request was still pending, which compelled her avail earned leave. Thereafter, she was granted 15 days of CCL which was later extended by 12 days. Later, she claimed that as her son remained unwell, she again sought CCL from but the request was not considered. In the meantime, her request for EOL was approved and 303 days EOL was sanctioned. She approached the Central Administrative Tribunal seeking directions on the authorities to convert all the EOL taken into CCLs. The same was dismissed on the ground that CCL cannot be claimed as a matter of right. It was observed that CCL was subject to the smooth functioning of the school, and that long spells of CCL cannot be permitted if they disrupt such functioning.Allowing the woman's plea, the Bench noted that the Central Government's Rules explicitly provide that a woman Government servant having minor children may be granted CCL for a maximum period of 730 days during her entire service, for purposes such as the child's care, education, illness, or other pressing necessities.“The introduction of CCL into the service jurisprudence was intended as a welfare measure to reconcile the competing demands of professional duties and parental responsibilities. Recognizing that working mothers often face practical difficulties in attending to their children's needs due to official constraints, CCL was designed to afford them flexibility to personally care for their children whenever circumstances so require,” the Court said. Further, the Bench observed that the woman's applications for CCL were repeatedly denied or curtailed, largely on the ground that no substitute TGT (Mathematics) was available. However, it added, that during the same period, the school sanctioned EOL for 303 days. “The contradiction between the refusal of CCL on grounds of 'administrative inconvenience' and simultaneous approval of EOL undermines the respondents' justification,” the Court said. “… if EOL could be managed for the same period, the plea that CCL would disrupt the functioning of the school loses its force. The denial of CCL, despite sanctioning EOL, therefore appears arbitrary and discriminatory, and not in consonance with the object and spirit of Rule 43-C of the Rules.”The Bench directed the authorities to take necessary steps to convert all the periods of EOL availed by the woman into CCL, in accordance with the applicable rules and regulations.Title: SMT. RAJESH RATHI v. GOVT. OF NCT OF DELHI AND ORSCitation: 2025 LiveLaw (Del) 1488Click here to read order

Child Care Leave Not An Entitlement But Can't Be Denied Arbitrarily Or Mechanically: Delhi High Court

Nupur Thapliyal

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