Gauhati High Court values infant child care leave over Census 2027 duty for professor

Disposing of the matter, the court directed the Sonipur district commissioner to consider the woman’s request dated July 24 and “pass an appropriate order” within 10 days.

Justice Nelson Sailo heard a mother’s plea seeking child care leave to take care of her eight-month-old son.

Child care leave and Census responsibilities

According to the facts, the woman is working as an Assistant Professor at Rangapara College, Balipara, in the district of Sonitpur, Assam, and gave birth to a baby boy on December 7, 2025. Her baby boy is about eight months of age now and requires constant care.

She stated that since her husband is stationed and working elsewhere, she, along with the help of a maid are the only one to look after the baby. The woman, therefore, submitted an application for Child Care Leave for a period effective from August 1 to October 29, 2026 before the District Commissioner, Sonitpur, on July 24, 2026. 

It was stated that, however, the same has not been considered to date. It is the case of the woman that her name was forwarded by the College Principal to the District Commissioner, Sonitpur, for the Census operation 2027-House Listing and Housing Census. Her name was forwarded to the District Commissioner, so she applied for Child Care Leave to the District Commissioner, Sonitpur. Since the name has not been considered to date, the petitioner has filed the petition. 

Advocates s bora and J Rajkumari appearing for the woman by referring to the Assam State Government Employees Child Care Leave Rules, 2025, more particularly, Rule 2(c), which defines a ‘minor child’ to be a biological or adopted child below the age of 18 years, submitted that since the woman’s child is aged about eight months only and requiring constant care, she had submitted the application for Child Care Leave. 

The counsel submitted that, however, not only has her application not been considered, but the Charge Officer in the office of the District Commissioner, Sonitpur, has, in the meantime, issued an appointment order to the petitioner on August 13, appointing her as Supervisor for Census operation 2027-House Listing and Housing Census. 

It was argued that since the woman is entitled to avail of Child Care Leave, the authorities should be directed to consider her case and grant her the leave that she had applied for. 

J.K. Goswami, Additional Senior Government Advocate, on the other hand, submitted that no doubt an employee can avail of Child Care Leave to care for the child, but the same cannot be asked for as a matter of right. In this connection, counsel has drawn the attention of this Court to Rule 3(xii) of the Assam State Government Employees Child Care Leave Rules, 2025.

Census duty on hold 

The court directed the District Commissioner, Sonitpur, to consider the leave application submitted by the woman on July 24 within a period of 10 days from today, by taking into account the difficulties projected by her in the representation and pass an appropriate order.

The court also said her appointment as supervisor of the Census operation 2027-house listing shall remain on hold unless her leave application is considered.