Additional Child Care Leave May Be Granted for Young Children’s Medical Needs, Subject to Applicable Rules.

The petitioner, a Woman Warder, gave birth to twins on 10 September 2025. She was granted Child Care Leave (CCL) from 13 April to 11 July 2026 and, by an earlier order of the High Court, a further 60 days.

Citing her children’s young age and health issues requiring regular medical check-ups, she sought an additional 120 days of CCL. The competent authority sanctioned only 20 days by order dated 1 October 2026, prompting this writ petition.

Whether the petitioner was entitled under Rule 38-C of the Chhattisgarh Civil Services (Leave) Rules, 2010, to CCL beyond the 20 days sanctioned by the competent authority, having regard to the statutory conditions and her circumstances.

Whether the Court should grant further CCL in view of the tender age and medical condition of the petitioner’s twin children.

Rule 38-C of the Chhattisgarh Civil Services (Leave) Rules, 2010 provides that a woman Government servant may be granted CCL for a maximum of 730 days during her entire service to care for her two eldest surviving children, subject to the prescribed conditions.

Rule 38-C(4)(a) further provides that CCL may not be granted for more than three spells in a calendar year.

No precedent was relied upon.

The Court considered the petitioner’s entitlement under Rule 38-C alongside the circumstances supported by the medical documents. It noted that the twins were about one year old, had health issues and required regular medical check-ups.

In light of their age and medical needs, the Court concluded that the petitioner deserved further CCL, while granting less than the 120 days sought and making the additional leave subject to the applicable Rules.

In addition to the 20 days already sanctioned, the Court granted the petitioner a further 80 days of CCL, subject to the applicable Rules, and directed the respondents to take consequential steps and treat her as being on CCL for that period.