07-05-2025
180-day ‘child adoption leave' granted to IIM Raipur staffer by High Court
The Chhattisgarh HC has granted 180 days child adoption leave to a 46-year-old woman working as an assistant administrative officer at IIM Raipur, who had adopted a newborn girl in 2023, saying that child care leave is not just a benefit but a right that supports the fundamental need of a woman to take care of her family.
After the institute refused to grant her leave, the woman had filed a petition in HC last year.
The petitioner urged the HC to declare/hold that child adoption leave and child care leave as per Central Civil Services (Leave) Rules 1972 are applicable to the petitioner and other women employees of IIM Raipur in absence of there being any contrary inconsistent provision in their regulation.
IIM Raipur's lawyer contended, 'The HR Policy of IIM Raipur is the governing framework for service conditions and the petitioner cannot unilaterally demand application of the Rules, 1972 in contravention of the Institute's policies. The HR Policy of IIM Raipur does not contain any provision for Child Adoption Leave under the applicable leave framework. Instead the policy provides for commuted leave for female staff members under certain circumstances, which was granted to the petitioner in good faith.'
'Neither the institute is obligated to abide by the directions or guidelines issued by the Central or the State Government. It is for the Board of Governors to decide which policies or rules floated by the State are required to be incorporated in the functioning of the institute,' the lawyers said.
Justice Bibhu Datta Guru said that the petitioner is entitled to 180 days child adoption leave as per the Central Civil Services (Leave) Rules, 1972, as the HR Policy of IIM, Raipur, is silent on this aspect.
The judge noted, 'The participation of women in the workforce is not a matter of privilege, but a constitutional entitlement protected by Articles 14, 15 and 21 of the Constitution. Child adoption/child care leave is not just a benefit but a right that supports the fundamental need of a woman to take care of her family. A fundamental right under Articles 19, 21 can be enforced even against persons other than the State or its instrumentalities.'
When contacted, IIM Raipur told The Indian Express they may comment after going through the order.
According to the petition, the woman and her husband adopted a two-day-old girl on November 20, 2023. The petitioner then applied for child adoption leave for 180 days with effect from 20 November. On December 18, 2023, the request was denied by IIM, which stated that as per their HR policy, there was no such provision.
Under the heading of commuted leave, the institute policy provides a maximum of 60 days leave to female staff with less than two living children who adopt a child less than one year old. Therefore, they granted the commuted leave for 60 days from 20.11.2023 to 18.1.2024.
The petitioner's lawyer argued that the impugned action on the part of the respondent authorities is contrary to the Central Civil Services (Leave) Rules. The petitioner's lawyer submitted that the HR policy of IIM Raipur categorically provides that where rules are silent in the Institute's HR Policy and Service Rules, Central Government Rules may be followed and as such as per the Rule 43-B and 43-C of the Central Civil Services (Leave) Rules, the petitioner is entitled for 180 days child adoption leave.
