New Delhi, Nov. 16 — The Delhi High Court in the case of Smt. Rajesh Rathi vs. Government of NCT of Delhi & Ors. ( W.P.(C) 10215/2019) has held that the rejection of Child Care Leave (CCL) applications cannot be treated as a mechanical exercise by government authorities and must be decided with “a sensitive approach” that places the welfare and needs of the child above administrative convenience.
The judgment came in a petition filed by a woman government employee whose request for CCL had been denied by her department citing workload and shortage of staff. She approached the High Court arguing that the refusal was arbitrary and ignored her child’s medical and emotional needs.
The Court observed that Child Care Leave is a welfare entitlement, intended to support working mothers who need to balance caregiving responsibilities with employment. The Court emphasised that the purpose of CCL is defeated if applications are rejected without evaluation of the child’s circumstances.
The Court noted that departments often reject CCL requests with a single-line order citing “administrative exigencies”, which the Bench said is legally unsustainable.
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Highlighting the intent behind government policies, the Court stated, “The welfare of the child must be the primary consideration… Authorities are expected to adopt a compassionate view rather than a rigid administrative approach.”
The Bench held that the competent authority must examine factors such as:the child’s health condition,academic requirements,need for parental supervision,and any special circumstances requiring the mother’s presence.
The Court made it clear that workforce shortage or routine administrative concerns cannot be the sole basis for rejecting CCL.
Setting aside the rejection order, the Court directed the employee’s department to reconsider her application afresh, taking into account the specific needs of the child and recording proper reasons.
The judgment reinforces earlier judicial positions thatCCL is a statutory entitlement,Authorities must exercise discretion fairly, reasonably, and sensitively and Women employees cannot be compelled to choose between employment and childcare.
The judgment is expected to influence how government departments across the country handle CCL applications, particularly in cases involving medical needs or vulnerable children.
