In a significant ruling, the High Court directed the grant of 45 days of child care leave to a woman head constable stationed in the Local Intelligence Unit (LIU) in Uttarkashi, for the care of her ailing daughter. The court emphasized the paramount importance of children’s welfare in nature, stating that no one should remain oblivious to the interests of children.
The petitioner, a woman constable living alone, had applied for leave to care for her daughter, highlighting the need for serious consideration of her request. Justice Pankaj Purohit’s bench, addressing the plea, noted that the petitioner, serving in Uttarkashi, is a single parent raising her five-year-old daughter, who resides with her 70-year-old grandmother.
The application for Child Care Leave (CCL) was made on February 21, following a state government order from June last year that recognized CCL for female government employees. The constable reported her daughter’s psychological issues, with medical advice suggesting the child’s need for proper care and her mother’s presence.
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Despite the application, the SSP did not approve the leave, leading to the court’s intervention. The government’s counsel argued that CCL could range from five to 120 days and mentioned the upcoming parliamentary elections as a consideration.
The court acknowledged that CCL is not an entitlement but at the discretion of the appointing authority. However, given the child’s ill health, the court deemed the constable entitled to 45 days of CCL for her daughter’s care, suffering from depression. The court ordered the SSP of Uttarkashi to grant the leave within three days, underscoring the need to prioritize the welfare of children in judicial decisions.
