Today, On 11th June, The Supreme Court questioned the Jharkhand High Court’s refusal to grant full childcare leave to a woman judge, observing, “194 days to raise a child, not just a file,” and sought replies within four weeks.
New Delhi: The Supreme Court heard a petition filed by a woman Additional District Judge who was unhappy with the Jharkhand High Court’s decision to deny her full childcare leave.
The case was heard by a bench of Justice Prashant Kumar Mishra and Justice Manmohan.
At the beginning of the hearing, the lawyer for the woman judge said,
“I am the best judge and have done very well.”
Responding to this, Justice Prashant Kumar Mishra told the advocate,
“File a substantive pray.”
The advocate representing the Jharkhand High Court informed the bench that the judge had already been given 94 days of childcare leave.
He said,
“Mylords order, we have already granted 94 days… it becomes a precedent if she goes out for 8 months, it will affect working…”
Justice Prashant Kumar Mishra then told the petitioner,
“Take 94 days and then file a plea.”
In the order passed by Justice Prashant Kumar Mishra, the court noted that the High Court had submitted an affidavit stating that the woman judge’s request for childcare leave had been reviewed again, and she was now granted 92 days of leave. But the counsel for the judge pointed out that she had originally applied for 194 days, and only 94 days were approved.
The petitioner’s lawyer also told the court that after she filed this case, she was given a negative Annual Confidential Report (ACR) dated May 9, 2025.
The lawyer alleged that this negative ACR appeared to be an act of retaliation for approaching the Supreme Court.
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Because of this, the petitioner had also filed an Interlocutory Application (IA) seeking directions from the court.
After hearing all this, the Supreme Court issued notice on the IA and directed the Jharkhand High Court to file a reply (counter-affidavit) to both the main writ petition and the IA within four weeks.
The bench has now listed the case for further hearing in the first week of August.
Case Title: KASHIKA M PRASAD Vs STATE OF JHARKHAND, W.P.(C) No. 554/2025
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