Child Care Leave under service rules may be taken continuously up to the prescribed limit, absent proven public service exigency.

A woman Central Government employee was held entitled to Child Care Leave under Rule 43-C of the Central Civil Services (Leave) Rules, 1972, subject to public service exigencies. The scheme grants up to 730 days during service for care of up to two minor children, may be taken in more than one spell, and may be combined with other admissible leave. Reading sub-rules (3), (4) and (5) together, the Court held that the rule does not restrict Child Care Leave to short spells or bar a continuous period of 730 days. As no specific exigency was shown by the competent authority, the refusal of the balance leave was unsustainable.

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Issues: Whether a woman Central Government employee is entitled to uninterrupted 730 days of Child Care Leave under Rule 43-C of the Central Civil Services (Leave) Rules, 1972, and whether such leave can be refused only on the basis of public service exigencies.

Analysis: The leave scheme permits a woman government servant with minor children below 18 years to be granted Child Care Leave up to 730 days during her entire service for taking care of up to two children. The rule expressly allows the leave to be availed in more than one spell and also permits it to be combined with other admissible leave. The Court read sub-rules (3), (4) and (5) together and held that the scheme does not confine Child Care Leave to short spells or prohibit a continuous period of 730 days. It further held that although leave is not a matter of right and may be refused in cases of public service exigency, no reason was shown by the competent authority for denying the balance of the leave in the present case.

Conclusion: The appellant was entitled to Child Care Leave on the basis of Rule 43-C and the applicable government instructions, and the rejection of the uninterrupted leave claim was unsustainable.

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