Child Care Leave is a discretionary benefit and not a right; proceeding on leave without prior approval constitutes unauthorized absence, which cannot be regularized as CCL under the Rajasthan Service Rules, 1951.

Order

1. On the request of the learned counsel appearing on behalf of the petitioner, the present writ petition is taken up and heard for final disposal at the admission stage.

2. The present writ petition has been filed challenging the rejection of Child Care Leave (CCL) applied for by the petitioner and the initiation of proceedings vide notices dated 13.04.2026, 26.04.206 & 29.04.2026 (Annex.1A) issued under Rule 86 of the Rajasthan Service Rules, 1951 (hereinafter referred to as ‘the Rules of 1951’), whereunder action was proposed for treating the absence as unauthorized absence.

3. The case of the petitioner is that she is working as a teacher and, as per Rule 103(c) of the Rules of 1951, an eligible person is entitled to avail CCL of a maximum period of two years, and that the grant of such leave is at the discretion of the employer. In terms of the same, she has submitted an application for grant of CCL. Before the leave was sanctioned, the petitioner absented herself from duty with the hope of grant of leave. It is also the grievance of the petitioner that the Headmaster, who was acting vengefully, granted similar leave to another teacher who applied subsequent to the petitioner, whereas the petitioner was not granted such leave.

4. To answer such contentions, it is advantageous to refer to Rule 103(c) of the Rules of 1951, which is reproduced hereunder:

“

103C. Child Care Leave. –

[(1) A female Government servant may be granted Child Care Leave by an authority competent to grant leave, for a maximum period of two years, i.e. 730 days during her entire service for taking care of her two eldest surviving children whether for rearing or for looking after any of their needs, such as examination, sickness, etc.

Explanation : For the purpose of this rule ‘Child’ means, –

(1) single male Government servant means an unmarried or widower or divorcee Governmetn servant.

(2) ‘child’ means,-

(a) a child below the age of eighteen years; or

(b) a child upto the age of twenty-two years with a minimum disability of forty percent as elaborated in the Ministry of Social Justice and Empowerment, Government of India, notification number 16-18/97-NI. I dated 01.06.2001.]

(2) Grant of Child Care Leave under this rule shall be subject to the following conditions, namely: –

i. During the period of Child Care Leave, a female Government servant or a single male Government servant, as the case may be, shall be entitled to leave salary for the first three hundred and sixty five days equal to one hundred percent of pay drawn immediately before proceeding on leave and equal to eight percent of the pay for the next three hundred and sixty five days.

ii. Child Care Leave may be combined with leave of any other kind due and admissible.

iii. Application for Child Care Leave, in the form specified by the State Government, shall have to be submitted to leave sanctioning authority well in time for sanction.

iv. Child Care Leave cannot be claimed as a matter of right. Under no circumstance can [any female Government servant or single male Government Servant, as the case may be,] proceed on Child Care Leave without prior approval of the leave sanctioning authority.

v. Child Care Leave shall not be granted under any circumstances [to a female Government servant or single male Government servant, as the case may be, who] remains on an unauthorised absence from duty and applies for it thereafter.

vi. Leave already availed or being availed of by [a female Government servant or single male Go