Employer has no power to adjudicate sufficiency of reasons assigned for seeking CCL: Karnataka HC

Bengaluru: The employer or the competent authority has no power to adjudicate the sufficiency of the reasons assigned for seeking childcare leave (CCL), Karnataka High Court has said in a recent judgement.

A division bench comprising Justices SG Pandit and KV Aravind made this statement while dismissing the petition filed by the Ministry of Electronics and Centre for Advanced Computing (C-DAC), Bengaluru.

The petition was filed challenging the order of the Central Administrative Tribunal (CAT) Bengaluru in a plea by Kavita Vadde, administrative officer in C- DAC. She had requested CCL from December 16, 2025, to May 20, 2026, to support her son during his Class 10 Board Examinations. She moved the CAT after C-DAC granted leave only for a period between February 16, 2026, and March 7, 2026.

On February 5, 2026, the CAT passed an order observing that CCL is intended to be granted in a liberal and pragmatic manner, keeping in mind the best interest of the child, especially during Board Examinations. The C-DAC was directed to grant leave from February 6, 2026, to May 20, 2026.

In the high court, the C-DAC contended that the CAT has granted leave beyond the period of the examinations. This would hamper the functioning of the department and would also defeat the very object of sanctioning such leave, it was further stated.

On the other hand, the counsel for the employee submitted that the examinations are conducted in two stages and that the period sought in the application includes the pre-board examinations.

The division bench noted that in terms of Rule 43-C of the Central Civil Services (Leave) Rules, a female government servant or a single male government servant may seek CCL from the competent authority when the child requires the presence, including for purposes of education, illness, and other similar exigencies. The bench also said that the Rule clearly indicates that the period of leave is not confined solely to the duration of the examination.

“The Rule vests the Government servant with the discretion to seek Child Care Leave when the child requires his or her presence. No discretion is conferred upon the employer or the competent authority to adjudicate upon the sufficiency of the reasons assigned for seeking such leave. In the absence of any such power, imposing a restriction on the period of leave sought would be impermissible,” the court said while upholding the CAT order.