Can working mothers be denied leave for child’s exam? Central Administrative Tribunal says no in ‘humane’ ruling
The Central Administrative Tribunal granted 3 months leaves to a woman, and said that her child needed emotional and academic support for his upcoming class 10 exams.
Central Administrative Tribunal news: Underlining the unmatched role played by a woman for her child’s academic pursuit, the Central Administrative Tribunal granted three months of leave to a woman seeking child care leave (CCL) for her son’s upcoming class 10 CBSE exams.
A bench of Justice S Sujatha and member Sanjiv Kumar was hearing a woman’s plea seeking CCL for her son’s board exams, which had been denied by her organisation on the grounds of administrative requirements and manpower constraints.
A welfare-oriented statutory provision cannot be converted into a discretionary privilege, the court said. (Image is enhanced using AI)
Though discretion vests with the employer for granting leave, but cosndiering the importance of board exams in building a child’s successful career, a humane approach is required, the court said.
“CCL Rules have not only been enacted in recognition of the right of a female/ single male government servant, but more in recognition of the rights of a child under the Directive Principle of State Policy for looking after the needs of children, such as education and sickness,” the order noted on February 5.
Education plays a vital role in a child’s life
CBSE Board examinations, Phase I, are scheduled from February 17 to March 7, and Phase II is scheduled in May to June.
Respondents have granted CCL from February 16 to March 7 to the mother, stating that several critical activities of the Centre are dependent on the availability of manpower.
This period of leave granted relates to Phase I of the CBSE Board examinations, and Phase II is equally important, and requires the care and guidance of the mother, which the respondent has totally lost sight of.
CCL Rules under 43-C have been enacted not only in recognition of the right of a female/single male government servant, but more in recognition of the rights of a child under the directive principle of state policy for looking after the needs of children, such as education and sickness.
Education plays a vital role in children’s development and is essential for children.
Board examinations, particularly for classes 10 and 12, are widely recognised as a major basis for life and career success, which creates stress, anxiety and pressure on students.
Availability of emotional presence to listen to the fears and anxieties, creating a positive atmosphere with encouraging words boost confidence of children and reduces stress and helps in maintaining good health, is necessary for students.
Mother seeking CCL ‘not frivolous’
Seeking CCL in this direction by the mother cannot be held frivolous.
The reason the shortage of staff/manpower in the organisation is wholly untenable, having regard to dismissing the CCL provision and the development of the child.
Restricting the request to 18 days, only relating to phase 1 when the examination is in two phases, is not appreciable.
A welfare-oriented statutory provision cannot be converted into a discretionary privilege, though discretion is vested with the employer; a humane approach is required.
Accordingly, the mother is entitled to CCL from February 6 to May 20.
Mother's CCL Request 'Not Frivolous': What the CAT Ruling Really Says
Central Administrative Tribunal | Order dated February 5, 2026
"A welfare-oriented statutory provision cannot be converted into a discretionary privilege"
— CAT Bench: Justice S Sujatha & Member Sanjiv Kumar
The Numbers That Decided the Case
📅
18
Days granted by employer (Phase I only) — Feb 16 to Mar 7
⚖️
~104
Days granted by CAT — Feb 6 to May 20, 2026 (covers both CBSE phases)
Valid legal grounds to deny CCL citing manpower or admin emergencies, per CAT
Why the employer's excuse didn't hold up
Organisation cited CAG audit, national-importance projects & staff shortage. CAT ruled: "The reason of shortage of staff/manpower is wholly untenable." Restricting CCL to Phase I alone — when exams run in two phases — was deemed not appreciable.
📌 Know Your Rights: Rule 43-C Covers More Than You Think
Who is eligible for CCL?
Female govt servants + Single male govt servants
Legal basis of the right
Child's rights under Directive Principles of State Policy
CCL covers needs like…
Education, sickness & emotional wellbeing of minor children
Source rule
Rule 43-C, Central Civil Services (Leave) Rules, 1972
Context: The mother sought CCL for her son's Class 10 CBSE boards. Despite sufficient leave balance and repeated representations, the employer restricted leave to 18 days. CAT found this arbitrary and extended CCL through both exam phases, affirming the child's right to parental presence during high-stakes exams.
Advocate Shri Satish K, representing the mother, said that the respondents, despite the mother’s eligibility and availability of sufficient leave balance, restricted the leave to a mere 18 days, defeating the intent of Rule 43-C of the Central Civil Services (Leave) Rules, 1972.
The rejection of the mother’s leave was contrary to Rule 43-C, which conferred beneficiary leave intended specifically to support working mothers in ensuring the well-being and academic development of minor children.
The mother had sought CCL to give academic, psychological and emotional support to her younger son, who was preparing to appear for his forthcoming class 10 board examinations.
Satish argued that, based on administrative inconvenience, staff shortage or institutional events, no statutory benefit could be denied.
Respondent’s case
Senior counsel Vishnu Bhat, for respondents, submitted that the respondent organisation had been engaged in projects of national importance and the mother was entrusted with the responsibility related to the same.
Due to the compelling administrative and public services like the CAG audit, the mother’s request for CCL for a prolonged period of 6 months was rejected.
Referring to Rules, Bhatt submitted that the leve cannot be claimed as a matter of right and its grant was always subject to the exigencies of public service.
However, after due consideration mother’s leave for the period of 18 days was granted, coinciding with Phase I of the CBSE Board exams.
He subsequently said that the mother had misinterpreted Rule 43-C of the Rules, and the action of the respondent was justified.
CCL denied
The mother sought CCL to provide academic and supervisory support to her minor son, who was studying in class 10 and was going to appear for the forthcoming board examinations.
Despite making repeated and timely representations through the proper channel, the respondents failed to consider her request and restricted the grant of CCL.
The respondents arbitrarily restricted the CCL grant to a short and fragmented period of 18 days while rejecting the remaining period solely on the grounds of administrative emergencies, manpower constraints and institutional events.
Mother’s request for reconsideration of the same was not taken positively.
Somya Panwar works with the Legal Desk at The Indian Express, where she covers the various High Courts across the country and the Supreme Court of India. Her writing is driven by a deep interest in how law influences society, particularly in areas of gender, feminism, and women’s rights.
She is especially drawn to stories that examine questions of equality, autonomy, and social justice through the lens of the courts. Her work aims to make complex legal developments accessible, contextual, and relevant to everyday readers, with a focus on explaining what court decisions mean beyond legal jargon and how they shape public life.
Alongside reporting, she manages the social media presence for Indian Express Legal, where she designs and curates posts using her understanding of digital trends, audience behaviour, and visual communication. Combining legal insight with strategic content design, she works on building engagement and expanding the desk’s digital reach.
Somya holds a B.A. LL.B and a Master’s degree in Journalism. Before moving fully into media, she gained experience in litigation and briefly worked in corporate, giving her reporting a strong foundation. ... Read More
