In a significant judgment, the Rajasthan High Court has delineated the discretionary parameters surrounding the sanctioning of Child Care Leave (CCL) for government employees. The court emphasized that CCL, akin to privileged leave, is not an absolute entitlement but is subject to administrative discretion, even though it can be granted for a period of up to 120 days.
Case Background
The petitioner, an Assistant Professor at Maharani Sudarshan College of Women in Bikaner, sought judicial intervention after her request for a 53-day CCL was partially approved. She had applied for this leave to care for her two-year-old child and to support her 14-year-old during his Class 10 board examinations. Contrary to her application, the state authorities sanctioned only 15 days of CCL, prompting her to challenge the decision in court.
Legal Provisions and Arguments
Central to the petitioner's argument was Rule 103C(2)(xi) of the Rajasthan Service Rules, 1951, which permits the sanctioning of CCL for a maximum of 120 days. She contended that her application, being well within this limit, should have been approved in full.
The court examined related provisions, notably Rule 91, which outlines the procedure for granting privileged leave, and Rule 59, which asserts that leave cannot be claimed as a right and may be refused or revoked based on public service exigencies.
Court's Analysis and Judgment
Justice Arun Monga, presiding over the case, opined that CCL shares characteristics with privileged leave, thereby subjecting it to similar discretionary standards. The court stated that neither privileged leave nor CCL can be demanded as an unfettered right. The competent authority retains the discretion to assess the circumstances and, if deemed appropriate, sanction CCL up to 120 days. However, this does not imply an obligation to grant the full period upon request.
The court further noted the absence of any malafide intent in the authority's decision to grant 15 days of leave, which likely corresponded to the duration of the elder child's examinations. In light of this, the court found no illegality in the order and dismissed the petition.
Implications of the Judgment
This ruling underscores the principle that while policies may set a maximum limit for leave entitlements, the actual grant of such leave remains subject to administrative discretion. Employees cannot presume entitlement to the maximum duration without consideration of service exigencies and other relevant factors. The judgment reinforces the need for a balanced approach, ensuring that employee welfare is harmonized with the imperatives of public service.
In essence, the Rajasthan High Court has clarified that Child Care Leave, though available up to a specified limit, is not an automatic right but is contingent upon the discretion of the competent authority, taking into account the specific circumstances and requirements of public service.
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