Woman jail warder entitled to child care leave despite staff crunch: Chhattisgarh High Court

Justice Guru held that it is for the employer to make suitable administrative arrangements to meet the exigencies of service and such administrative constraints cannot override a statutory entitlement.

The court highlighted that 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. Such beneficial provisions deserve a purposive interpretation to advance the object sought to be achieved.

Twin mother denied leave

The case arose after a woman warden posted at Central Jail, Bilaspur, challenged an order rejecting her request for an additional 60 days of Child Care Leave (CCL). She had given birth to twin children on September 10, 2025, and had already been granted 90 days of Child Care Leave from April 13, 2026, to July 11, 2026.

As her infants still required maternal care, she sought an extension under Rule 38-C of the Chhattisgarh Civil Services (Leave) Rules, 2010, which permits eligible female government employees to avail up to 730 days of Child Care Leave during their service.

The jail authorities rejected her request solely on the ground that there was a shortage of women wardens in the Central Jail, Bilaspur, and that administrative exigencies required her presence.

The state defended the decision by citing vacancies in the cadre and security concerns at the women’s prison. Aggrieved by the rejection of what she claimed was a statutory entitlement, the petitioner approached the high court seeking quashing of the order and grant of the remaining Child Care Leave.

State cites staff shortage

In an affidavit filed before the court, the Superintendent of the Central Jail stated that 24 of the 106 sanctioned warden posts were vacant, and only 13 female wardens were posted at the jail. According to the State, these staffing shortages and administrative exigencies necessitated the rejection of the petitioner’s application for additional Child Care Leave.

It submitted that, considering the security requirements of the women’s prison and the limited availability of female wardens, the competent authority was justified in rejecting her request.

Administrative constraints can’t override rights: Order

The court noted that it is not in dispute that the petitioner is a permanent employee of the respondent Department and is the mother of twin children born on September 10, 2025.

Rejecting the state’s argument that there are vacancies in the cadre and shortage of Women Wardens, the court said that such administrative difficulty, by itself, cannot constitute a valid ground for defeating a statutory service benefit conferred under the Leave Rules.

“In the present case, the petitioner has sought only a further period of 60 days’ Child Care Leave for taking care of her infant twin children. It is not the case of the respondents that the petitioner is ineligible for grant of Child Care Leave or that she has exhausted the maximum period admissible under Rule 38-C of the Chhattisgarh Civil Services (Leave) Rules, 2010,” it noted.

Considering the object underlying the grant of Child Care Leave, the tender age of the petitioner’s twin children and the admitted position that the petitioner continues to be eligible for the said benefit, the court said that we are of the considered opinion that the impugned order dated July 9 rejecting the petitioner’s request solely on the ground of shortage of staff is arbitrary and unsustainable in law and, therefore, deserves to be quashed.