The Supreme Court directed Jharkhand High Court to either let a single parent judge stay in Hazaribagh or transfer her to Bokaro, keeping her son’s Class 12 exams in mind. The CJI emphasized, “High courts should act as parents to their judicial officers.”
New Delhi: On August 22, the Supreme Court of India on Friday observed that high courts should act as “parents” for their judicial officers and asked the Jharkhand High Court to either allow a single parent woman judicial officer to remain in Hazaribagh or transfer her to Bokaro, keeping in mind her son’s upcoming Class 12 examinations.
A bench comprising Chief Justice B R Gavai and Justice K Vinod Chandran highlighted the importance of judicial officers’ personal circumstances while taking note of the plea of an additional district judge (ADJ) belonging to the Scheduled Caste category.
The ADJ had challenged the denial of her request for six months of childcare leave and was subsequently transferred to Dumka.
CJI Gavai said,
“You can’t be egoistic as a High Court. Now you transfer her either to Bokaro or retain her at Hazaribag. Let it be done by the High Court gracefully, otherwise we will have to issue mandamus,”
“She was subsequently transferred to Dumka,” the bench noted. The woman judicial officer later made a representation to the high court requesting to either continue serving in Hazaribagh or be transferred to Ranchi or Bokaro, stating that Dumka did not have good CBSE schools for her child.
“The high courts should act as parents to their judicial officers and should not make such issues as ego issues,”
Chief Justice Gavai said while emphasizing that the personal and family concerns of officers should be considered sensitively.
The Supreme Court further directed,
“Now you either transfer her to Bokaro or allow her to remain at Hazaribagh at last till March/April, 2026 … I mean till the period when the exams are over.”
The bench gave the Jharkhand High Court a period of two weeks to comply with this direction.
Earlier in May, the top court had sought responses from both the Jharkhand government and the high court registry regarding her plea challenging the refusal of childcare leave.
The order stated,
The High Court acts as a parent to the judicial officers. The ground on which the petitioner has sought transfer to Bokaro is that she can continue with her judicial duties and also look after her son. She has said that in Dumka there are no proper schooling facilities. We hope that the petitioner’s request for retaining her at Hazaribag or transferring her to Bokaro ought to be considered favourably,”
The woman judicial officer had originally requested six months’ leave from June to December. Under the Child Care Leave Rules applicable to judicial officers, an ADJ is entitled to up to 730 days of leave during her service tenure. Subsequently, she was granted three months of leave.
The Supreme Court’s directive underscores the importance of balancing judicial service responsibilities with family obligations, particularly for single parents serving in demanding positions.
The top court’s intervention reflects sensitivity towards the welfare of judicial officers and highlights the judiciary’s role in supporting its own members through compassionate administrative decisions.
Case Title:
Kashika M Prasad vs State of Jharkhand
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