Panaji: The Bombay high court found that govt officials failed to follow the childcare leave (CCL) policy and directed them to strictly comply with it to ensure its purpose is met.The high court said that even if the Institute of Psychiatry and Human Behaviour (IPHB), where the petitioner’s wife worked, was understaffed, its director should have forwarded her request for CCL along with reasons for refusal to the concerned minister, instead of deciding the matter independently.The petitioner’s wife, an employee at IPHB, applied for CCL in 2020 as her son was appearing for Class XII examinations during the Covid-19 pandemic.She sought 266 days of CCL but was granted only 60 days. Her request for extension to support her son during this critical period was later rejected.Justice Neela Gokhale said that the decision should have been taken by the minister. “To that extent, there was a lapse on the part of the official in adhering to the terms of the policy,” the court noted.The high court observed that due to non-compliance with the policy issued by the department of personnel and training (DoPT), the petitioner’s child was denied his mother’s support.Referring to the Feb 20, 2013, circular, the court said that heads of offices authorised to grant CCL must seek govt approval before rejecting a request. In such cases, the matter should be sent to the personnel minister through the minister concerned.The court also pointed out that a June 27, 2014, circular states that the minimum CCL granted to a female employee should not be less than six months, subject to the available balance.“It is clear that the officer failed to follow the CCL policy applicable at that time,” the high court said.After the leave was denied, the woman’s husband approached the Goa Human Rights Commission. When no relief was granted, he moved the high court.Advocate Vithal Naik, appearing for the husband, submitted that the denial of six months’ CCL violated the Feb 20, 2013, circular and sought action against the officer concerned.
