Referring to the petitioner’s grievance that another teacher was granted leave, the court held that such a contention does not justify unauthorised absence. (Image generated using AI)Rajasthan High Court news: The Rajasthan High Court recently held that a government teacher cannot remain absent from duty merely in anticipation that child care leave (CCL) will be granted, reiterating that such leave is not a matter of right but is subject to the discretion of the employer.Justice Munnuri Laxman was hearing the plea of a teacher challenging the rejection of her CCL application and the initiation of proceedings treating her absence as unauthorised. Justice Munnuri Laxman emphasised that proceeding on child care leave requires prior approval of the competent authority.Refusing to interfere with the rejection of the CCL application, the Rajasthan High Court observed that absence without prior sanction amounts to unauthorised absence under the service rules.Also Read | No divorce papers needed: Single mother can get child’s passport without father’s consent, rules Andhra Pradesh High Court“Leave is not a matter of right and is at the discretion of the employer, and the maximum leave which can be granted is two years, subject to fulfilling certain conditions,” the April 29 order read.‘Can’t remain absent without approval’The Rajasthan High Court observed that the petitioner remained absent after applying for leave, without awaiting its approval.It held that such conduct amounts to unauthorised absence under the Rajasthan Service Rules, 1951, which cannot be regularised by subsequently granting CCL.Referring to the petitioner’s grievance that another teacher was granted leave, the court held that such a contention does not justify unauthorised absence.The Rajasthan High Court pointed out that if the petitioner was aggrieved by unequal treatment, she could have availed the appropriate legal remedy, rather than remaining absent from duty.It reiterated that such conduct cannot be justified under the service rules.The court, however, directed the authorities to consider granting extraordinary leave without pay, noting that the petitioner was under a bona fide impression while remaining absent.Referring to the Rajasthan Service Rules, the Rajasthan High Court emphasised that CCL cannot be claimed as a matter of right and requires prior approval of the competent authority.It further clarified that any absence before the sanction of CCL is to be treated as unauthorised, and such a period cannot be converted into child care leave.Leave applied, but not grantedThe petition was filed challenging the rejection of child care leave and the initiation of proceedings under the Rajasthan Service Rules, 1951, proposing to treat the petitioner’s absence as unauthorised.Also Read | ‘Legal brainstorming’ behind 6-month FIR delay: Calcutta High Court quashes cruelty case against woman’s in-lawsThe case of the petitioner is that she is working as a teacher and was an eligible person entitled to avail CCL of a maximum period of two years, and that the grant of such leave was at the discretion of the employer.In terms of the same, she submitted an application for a grant of CCL. However, it was alleged that before the leave was sanctioned, the petitioner absented herself from duty with the hope of a grant of leave.Story continues below this adIt was 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.Delhi High Court on CCLPreviously, in an unrelated case, the Delhi High Court granted relief to a central government officer against the penalty and disciplinary action initiated against her for seeking child care leave without sanction.Also Read | ‘Calculated indignity’: Madras High Court orders strict action against throwing footwear at Chithirai festival devoteesIn an order issued on November 20, 2025, a bench of Justices Navin Chawla and Madhu Jain observed that the petitioner, a woman serving as an assistant section officer in the Central Secretariat Service, had sought child care leave on multiple occasions between 2013 and 2015.Richa Sahay is a Legal Correspondent for The Indian Express, where she focuses on simplifying the complexities of the Indian judicial system. A law postgraduate, she leverages her advanced legal education to bridge the gap between technical court rulings and public understanding, ensuring that readers stay informed about the rapidly evolving legal landscape. Expertise Advanced Legal Education: As a law postgraduate, Richa possesses the academic depth required to interpret intricate statutes and constitutional nuances. Her background allows her to provide more than just summaries; she offers context-driven analysis of how legal changes impact the average citizen. Specialized Beat: She operates at the intersection of law and public policy, focusing on: Judicial Updates: Providing timely reports on orders from the Supreme Court of India and various High Courts. Legal Simplification: Translating dense "legalese" into accessible, engaging narratives without sacrificing factual accuracy. Legislative Changes: Monitoring new bills, amendments, and regulatory shifts that shape Indian society. ... Read More © IE Online Media Services Pvt Ltd