The Supreme Court Friday directed the Jharkhand High Court to consider “favourably” the transfer request of a woman judicial officer who is a single mother. High courts must act as guardians of judicial officers, the top court said.
“The High Court acts as a parent to the judicial officers of the State,” a Bench of Chief Justice of India B.R. Gavai and Justice K. Vinod Chandran observed, adding that the petitioner’s representation should be dealt with empathetically.
The Bench was hearing a plea filed by Kashika M Prasad, an additional district judge (ADJ) from Jharkhand who sought either to be retained at Hazaribagh district or transferred to Bokaro so she could support her son, who is due to appear for his Class 12 examinations in the 2025-26 academic year.
In its order, the Bench noted that the officer had pointed out the absence of Central Board of Secondary Education schools and facilities in Dumka district of Jharkhand, her proposed transfer place. It referred to its earlier judgment, which underscored similar principles of sensitivity in transfers of women judges.
The HC has granted two weeks to comply with the order to either transfer her to Bokaro or Hazaribagh by April next year.
In May this year, the Supreme Court asked the Jharkhand government and the high court registry to reply to her petition after she was denied childcare leave. She had requested six months’ leave from June to December, pointing out that under the Child Care Leave Rules, judicial officers are entitled to up to 730 days of such leave in their career. She was eventually granted only three months.
The Supreme Court expressed hope that the high court would take a sympathetic view of her representation, cautioning that it “would not be constrained to pass any order on the judicial side.” The matter has been posted for further hearing on September 8.
