The Madhya Pradesh High Court has ruled that contractual employees are entitled to avail up to 720 days of child care leave during their service tenure, reinforcing the applicability of leave provisions under the state's Civil Services Leave Rules to both regular and contractual staff.
The August 4 judgment came in the case of Ayesha Sheikh, a contractual employee who had been repeatedly denied child care leave despite multiple court orders in her favour.
According to reporting by ETV Bharat, the court directed authorities to grant the leave and imposed a cost of Rs 50,000 on Harjinder Singh, Director of the State Education Centre, for failing to comply with earlier judicial directions.
Court backs employee after prolonged legal battle
Ayesha Sheikh works as a programmer at the State Education Centre in Khandwa. She sought child care leave to care for her son, who suffers from Duchenne Muscular Dystrophy, a genetic disorder that requires continuous assistance and support.
According to the case details reported by ETV Bharat, Sheikh first applied for child care leave in 2020 when her son was around 14 years old. Her request was rejected by the State Education Centre, which maintained that no provision existed for granting such leave to contractual employees.
The dispute subsequently moved through multiple legal forums, with the High Court repeatedly ruling in Sheikh's favour.
Key developments in the case included:
- Sheikh filed a petition before the Madhya Pradesh High Court in 2020 after her leave request was denied.
- The High Court directed authorities to grant the leave.
- The state government challenged the order through an appeal, which was dismissed.
- The matter later reached the Supreme Court, which declined to interfere and dismissed the petition.
- Despite these outcomes, the leave was not granted, leading to fresh litigation.
High Court rejects reliance on departmental circular
In its latest ruling, the High Court observed that a departmental circular cannot override judicial directions.
According to ETV Bharat, Justice Vishal Dhagat ordered that Sheikh be provided all benefits arising from previous court decisions, including child care leave.
The judgment addressed arguments made by officials who relied on a General Administration Department circular issued on July 22, 2023, stating that no provision existed for child care leave for contractual employees.
The court's decision effectively reaffirmed that administrative instructions cannot supersede rights recognised under applicable rules and court orders.
Leave entitlement rooted in Civil Services Leave Rules
Appearing for the petitioner, advocate Nikhil Tiwari stated that the entitlement flows from the Civil Services Leave Rules, 1977.
According to Tiwari, the rules provide child care leave benefits to both regular and contractual employees.
Under the rules:
- Employees can avail up to 720 days of child care leave during their entire service tenure.
- The benefit applies to eligible employees irrespective of whether they are regular or contractual staff.
- The provision is intended to support employees with caregiving responsibilities.
The dispute emerged after the Sarva Shiksha Abhiyan Mission modified certain leave provisions, retaining maternity and paternity leave benefits while not specifically providing child care leave for contractual employees.
Repeated non-compliance drew judicial scrutiny
The latest order also highlights the court's concern over repeated non-compliance with previous rulings.
According to advocate Tiwari, the High Court has issued directions in the matter on multiple occasions. He told ETV Bharat that the court had passed orders in the case nine times and that an IAS officer had previously appeared before the court to record a statement regarding compliance.
Despite these developments, Sheikh continued to face difficulties in securing the leave, prompting the latest petition.
Wider implications for contractual workforce
The ruling is likely to be closely watched by contractual employees across Madhya Pradesh, particularly those seeking parity in employment benefits available under state service rules.
By affirming the applicability of child care leave provisions to contractual staff, the judgment strengthens the position of employees who undertake significant caregiving responsibilities while working under contractual arrangements.
The decision also reinforces a broader legal principle: administrative circulars and departmental interpretations cannot override rights recognised by courts or provisions embedded in statutory service rules.
As authorities implement the order, the case may serve as a reference point for future disputes involving leave entitlements and employment benefits for contractual workers in the state.