Tripura HC: CCL Requests Must Be Properly Considered; 365 Days Granted to Teacher

The Tripura High Court has held that Child Care Leave (CCL) cannot be claimed as an absolute right, but authorities cannot mechanically reject or ignore a genuine request for such leave.Justice Biswajit Palit, in Smt. Tapasi Roy v. State of Tripura & Ors., WP(C) No. 597 of 2025, directed the State authorities to grant 365 days of CCL to a woman Post Graduate Teacher.The petitioner had sought leave to care for her minor son, who was studying in New Delhi and preparing for his Class X Board Examination. The record also indicated that the child was suffering from a breathing-related ailment requiring medical care.The Court examined Rule 39(C) of the Tripura State Civil Service (Leave) Rules, 1986, which permits a woman Government servant with minor children to avail CCL up to 730 days during her entire service, subject to sanction by the competent authority.While acknowledging that CCL is not an unconditional statutory entitlement, the Court emphasised that the competent authority must meaningfully consider the circumstances and necessity behind the request. In the present case, the authorities had failed to provide any cogent or justifiable reason for not properly considering the petitioner’s representation.The Court accordingly allowed the writ petition and directed the respondents to grant 365 days of CCL within one month from the date of judgment.Key TakeawayCCL may require prior sanction, but administrative discretion must be exercised fairly, judiciously and after considering the genuine circumstances necessitating the leave.