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Tripura HC reinforces women employees’ rights to child care leave

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Tripura HC directs the state government to immediately grant one year of child care leave to teacher Tapasi Roy, reinforcing statutory rights of women employees. The ruling highlights the 730-day child care leave entitlement under Tripura State Civil Service Leave Rules and rejects restrictive departmental interpretations.

The Tripura High Court has directed the state government to immediately grant one year of child care leave to Tapasi Roy, a postgraduate teacher at Shankaracharya Vidyaniketan, in a significant ruling reinforcing the statutory rights of women government employees in the state.

Roy had approached the High Court after her application for child care leave remained pending before the Education Department for nearly a year. She had submitted her application on September 2, 2025, seeking child care leave to look after her child. Her request was made under the provisions of the Tripura State Civil Service Leave Rules, which provide female government employees with an entitlement of up to 730 days of child care leave for children below the age of 18 years.

Despite the provisions of the rules, the application was not approved within a reasonable period. The prolonged delay prompted Roy to seek judicial intervention, bringing the issue of statutory child care leave rights before the High Court.

During the proceedings, the Education Department relied on a notification issued in 2020, under which child care leave was restricted to 30 days at a stretch. The department’s position, however, was challenged by the petitioner’s legal team.

Senior Advocate Purushottam Roy Barman, appearing for Tapasi Roy along with advocates Samarjit Bhattacharjee and Kaushik Nath, argued that the 2020 notification could not override the statutory provisions contained in the Tripura State Civil Service Leave Rules. The legal team also pointed out that the High Court had already struck down the restrictive notification in 2024.

The petitioner’s counsel maintained that an executive notification could not curtail a benefit specifically provided through statutory service rules. According to the argument, once the rules established the entitlement to child care leave, departmental authorities could not reduce or dilute that right through an executive order.

After considering the submissions, Justice Biswajit Palit directed the state government to grant Tapasi Roy one year of child care leave immediately. The order reinforces the legal protection available to female government employees seeking leave for the care of their children.

The ruling assumes significance for women teachers and other government employees across Tripura because it underlines that statutory entitlements cannot be weakened through departmental restrictions or prolonged administrative delays. The decision also highlights the importance of authorities processing applications for child care leave in accordance with the applicable service rules.

The case is being viewed as an important development in protecting the rights of women employees. The High Court’s direction makes clear that statutory provisions governing child care leave must be respected by the concerned authorities.

Legal observers believe the order could have wider implications for similar cases in the future, particularly where employees face delays or restrictive interpretations while seeking benefits guaranteed under service rules. It may also encourage government departments to process child care leave applications more promptly and consistently.

For women employees in Tripura, the judgment provides renewed assurance that their statutory rights to child care leave remain protected. The ruling also demonstrates the role of the judiciary in ensuring that administrative decisions do not undermine rights granted under established service rules.

| Also Read: Tripura Congress pays tribute to Rajiv Gandhi on his 82nd birth anniversary |

The Tripura High Court’s intervention therefore marks a significant step toward ensuring that child care leave provisions are implemented effectively and that women government employees are able to exercise their lawful entitlements without unnecessary administrative obstacles.

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