Central Administrative Tribunal - Delhi
Asma vs Department Of Education on 10 December, 2025
1
O.A. No. 275/2023
CENTRAL ADMINISTRATIVE TRIBUNAL
PRINCIPAL BENCH: NEW DELHI
O.A. No. 275/2023
Reserved on: 25.11.2025
Pronounced on: 10.12.2025
HON'BLE SHRI AJAY PRATAP SINGH, MEMBER (J)
Mrs. Asma (Age about 32 years)
TGT (Hindi), ID No.201407029243,
W/o Salman Habeeb,
R/o H.No. J-38, 3rd Floor, Street No.5,
J. Extension, Laxmi Nagar,
Delhi - 110 092.
...Applicant
Versus
1. Govt. of NCT of Delhi through Secretary (Education),
Education Department,
Old Secretariat, Delhi - 110 054.
2. Director,
Directorate of Education,
Director Education (DoE),
Room No.12, Old Secretariat,
New Delhi - 110 054.
3. Deputy Director of Education,
Distt. Central & New Delhi,
Plot No.5, Ashoka Hill,
Jhandewalan, Delhi - 110 005.
4. Principal,
Govt. Sarvodaya Kanya Vidyalaya No.1,
Jama Masjid,
Delhi - 110 006.
...Respondents
For Applicant : Mr. Akash Kumar, Advocate.
For Respondents: Mr. H.A. Khan, Panel Counsel
ORDER
AS PER AJAY PRATAP SINGH, MEMBER JUDICIAL:
The challenge in the present Original Application is to an Order dated 27.05.2022 issued by Deputy Director of Education, GNCTD, whereby claim for maternity benefit as per Maternity Benefit Act, 1961 has been denied. So also applicant is seeking NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 2 O.A. No. 275/2023 direction to the respondents to pay maternity benefit along with interest @ 18% per annum on the arrears due to delayed payment with cost of Rs.25,000/- towards litigation and Rs.25000/- towards mental harassment and torture suffered and impose penalty for deliberate contravention of the beneficial legislation.
2. Shorn of unnecessary details, the briefly stated facts as adumbrated by the applicant are that she was engaged as Guest Teacher, TGT (Hindi) in year 2014 and worked at Government Sarvodaya Kanya Vidyalaya No.1 from year 2014. Applicant submitted application dated 19.04.2021 for maternity leave and informed respondent no.4. Due to Covid-19-Pandemic, extraordinary situation, respondent no.2 issued Order dated 19.04.2021 to reschedule summer vacation from 20.04.2021 to 09.06.2021 and discontinued services of all the Guest Teachers w.e.f. 20.04.2021.
3. It is the case of the applicant that she had informed respondents about pregnancy by submitting applications for grant of maternity benefits dated 19.04.2021, 09.05.2021, 04.06.2021, 10.06.2021, 16.06.2021, 21.06.2021 and 03.08.2021 with medical reports.
4. Applicant gave birth to child on 29.05.2021 and discharged from the hospital on 31.05.2021. Respondents did not grant maternity benefit to the applicant and filed OA No.2666/2021. The Tribunal, vide Order dated 17.12.2021 directed the Deputy Director Education to pass a reasoned order in four weeks but applicant was forced to file Contempt Petition No.161/2022 and in compliance, respondent no.3 rejected application for maternity benefits vide impugned Order dated 27.05.2022 (Annexure A-1) stating that applicant could not submit any proof of a formal application while engaged and also not actually engaged in the school at the time of availing of maternity benefits.
5. Per contra, respondents have filed counter reply stating that vide order dated 19.04.2021, services of all the Guest Teachers including the applicant was discontinued from 20.04.2021 to 09.06.2021 due to re-scheduled summer vacation and applicant did NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 3 O.A. No. 275/2023 not report on 17.06.2021 as per condition of Circular dated 09.06.2020 and it was presumed that she was no longer interested for engagement and alternate arrangement was made. Applicant could neither submit proof of a formal application to intimate HOS while she was engaged. So also as per Point No.1 of Circular dated 11.09.2020, the applicant was not working as Guest Teacher and for availing maternity benefit, lady should be actually engaged.
6. Rejoinder has been filed by the applicant denying the adverse averments made in the counter. Applicant has reiterated that applicant duly intimated to respondent no.4, regarding her pregnancy and requested for maternity benefits on 19.04.2021 at the time of working as Guest Teacher and same is well-established from reply of respondent no.4 dated 18.06.2021 filed as Annexure A-8. Applicant had pre-maturely delivered baby on 29.05.2021 and she could not have joined services by 10.06.2021 or 17.06.2021 as there is mandatory condition of 60 days maternity period and not permitted in law to re-join. So also as per Section 6(3) of Maternity Benefit Act, 1961, applicant can give notice as soon as even after delivery of child. Applicant is covered under Point No.2 of Circular dated 11.09.2020 and entitled for maternity benefits/leave including months of May and June.
SUBMISSION
7. Learned counsel for the applicant argued and can be summarized as under -
(i) Deputy Director of Education, respondent no.3 has rejected application dated 19.04.2021 for grant of maternity benefits on the flimsy grounds contrary to record that the applicant could not furnish any concrete proof of a formal application/intimation letter to the HoS while she was engaged and in order to avail benefits of maternity, the applicant was not engaged hence as per Circular dated 11.09.2020, she is not entitled for the maternity benefits.
(ii) Applicant has informed respondent no.4 through e-mail dated 19.04.2021 and respondent no.4, acknowledged the application dated 19.04.2021 for advance maternity and same NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 4 O.A. No. 275/2023 is the matter of record filed as Annexure A-8 with the OA and not denied by the respondents in the counter reply. So also the fact of the matter, applicant worked as Guest Teacher since year 2014 and prematurely delivered the child on 29.05.2021 and duly informed the respondents and as per Section 27 of Maternity Benefits Act, 1961 having overriding effect to any contract of service and tenure notionally stood extended so far as maternity benefits concerned.
(iii) Applicant fulfilled all the conditions as prescribed in Maternity Benefit Act, 1961 and Circulars issued by respondents for grant of maternity benefits and entitled for maternity benefits in terms of Sections 5 and 8 of Act, 1961.
8. Learned counsel for the respondents contended and can be summarized as under -
(i) Applicant's claim for the grant of maternity benefit has been rightly rejected vide Order dated 27.05.2022. Applicant could not furnish concrete proof of a formal application, intimation letter to HoS to avail maternity leave, while she was engaged. So also applicant was not engaged in the school at the time of availing maternity benefits and in fact, she was not actually engaged at the time of availing benefits.
(ii) Services of the Guest Teachers discontinued due to rescheduling of summer vacation pursuant to Order dated 19.04.2021 and after the summer vacation from 20.04.2021 to 09.06.2021, the applicant failed to report on duty by 17.06.2021 and as per Circular dated 09.06.2020, presumed that she is no longer interested for working as Guest Teacher.
(iii) Applicant was working as Guest Teacher to avail maternity benefits and as per Point No.1 of Circular dated 11.09.2020 at the time of availing maternity benefit, the Guest Teacher should be actually working in a school. Applicant did not fulfill conditions for grant of maternity benefit as prescribed under Circulars issued by the respondents.
NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 5 O.A. No. 275/2023 DISCUSSION AND FINDINGS
9. This Tribunal has bestowed anxious consideration on the rival contentions of the learned counsel appearing for both the parties and also perused the material placed on record as well as considered the precedents cited by the parties.
THE ISSUE
10. From the above submissions of the learned counsels for the respective parties and material placed on record, the issue which arises for my consideration is -
"Whether the applicant is entitled for the maternity benefits as contemplated in the Maternity Benefit Act, 1961?"
RULE OF LAW
11. To appreciate the issue arising in the present OA for grant of maternity benefits, the relevant provisions of the Maternity Benefit Act, 1961 (for brevity hereinafter referred as "Act, 1961") are reproduced as under:-
"4. Employment of, or work by, women prohibited during certain period. -
(1) No employer shall knowingly employ a woman in any establishment during the six weeks immediately following the day of her delivery or her miscarriage.
(2) No woman shall work in any establishment during the six weeks immediately following the day of her delivery of her miscarriage.
(3) Without prejudice to the provisions of section 6, no pregnant woman shall, on a request being made by her in this behalf, be required by her employer to do during the period specified in sub-
section (4) any work which is of an arduous nature or which involves long hours of standing or which in any way is likely to interfere with her pregnancy or the normal development of the foetus, or is likely to cause her miscarriage or otherwise to adversely affect her health.
(4) The period referred to in sub-section (3) shall be -
(a) at the period of one month immediately preceding the period of six weeks, before the date of her expected delivery;
(b) any period during the said period of six weeks for which the pregnant woman does not avail of leave of absence under section 6.
5. Right to payment of maternity benefit. -
(1) Subject to the provisions of this Act, every woman shall be entitled to, and her employer shall be liable for, the payment of NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 6 O.A. No. 275/2023 maternity benefit at the rate of the average daily wage for the period of her actual absence immediately preceding and including the day of her delivery and for the six weeks immediately following that day.
Explanation. - For the purpose of this sub-section, the average daily wage means the average of the woman's wages payable to her for the days on which she has worked during the period of three calendar months immediately preceding the date from which she absents herself on account of maternity, [the minimum rate of wages fixed or revised under the Minimum Wages Act, 1948 (11 of 1948) or ten rupees, whichever is the highest].
(2) No woman shall be entitled to maternity benefit unless she has actually worked in an establishment of the employer from whom she claims maternity benefit for a period of not less than one hundred and sixty days in the twelve months immediately preceding the date of her expected delivery:
Provided that the qualifying period of one hundred and sixty days aforesaid shall not apply to a woman who has immigrated into the State of Assam and was pregnant at the time of the immigration.
Explanation:- For the purpose of calculating under this sub- section the days on which a woman has actually worked in the establishment, the days for which she has been laid-off during the period of twelve months immediately preceding the date of her expected delivery shall be taken into account.
(3) The maximum period for which any woman shall be entitled to maternity benefit shall be twelve weeks, that is to say, six weeks up to and including the day of her delivery and six weeks immediately following that day:
Provided that where a woman dies during this period, the maternity benefit shall be payable only for the days up to and including the day of her death:
Provided further that where a woman, having been delivered of a child dies during her delivery or during the period of six weeks immediately following the date of her delivery, leaving behind in either case the child, the employer shall be liable for the maternity benefit for the entire period of six weeks immediately following the day of her delivery but if the child also dies during the said period, then for the days up to and including the day of the death of the child.
NOTES. - The term "week" means a cycle of seven days including Sundays; B. Shah V. Presiding Officer, A.I.R. 1978 S. C. 12. 9
6. Notice of claim for maternity benefit and payment thereof. -
(1) Any woman employed in an establishment and entitled to maternity benefit under the provisions of this Act may give notice in writing in such form as may be prescribed, to her employer, stating that her maternity benefit and any other amount to which she may be entitled under this Act may be paid to her or to such person as she may nominate in the notice and that she will not work in any establishment during the period for which she receives maternity benefit.
(2) In the case of a woman who is pregnant, such notice shall state the date from which she will be absent from work, not being a date earlier than six weeks from the date of her expected delivery.
(3) Any woman who has not given the notice when she was pregnant may give such notice as soon as possible after the delivery.
NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 7 O.A. No. 275/2023 (4) On receipt of the notice, the employer shall permit such woman to absent herself from the establishment until the expiry of six weeks after the day of her delivery.
(5) The amount of maternity benefit for the period preceding the date of her expected delivery shall be paid in advance by the employer to the woman on the production of such proof as may be prescribed that the woman is pregnant, and the amount due for the subsequent period shall be paid by the employer to the woman within forty-eight hours of production of such proof as may be prescribed that the woman has been delivered of a child.
(6) The failure to give notice under this section shall not disentitle a woman to maternity benefit or any other amount under this Act if she is otherwise entitled to such benefit or amount and in any such case an Inspector may either of his own motion or on an application made to him by the woman, order the payment of such benefit or amount within such period as may be specified in the order.
8. Payment of medical bonus. -- Every woman entitled to maternity benefit under this Act shall also be entitled to receive from her employer a medical bonus of twenty-five rupees, if no pre-natal confinement and post- natal care is provided for by the employer free of charge.
12. Dismissal during absence or pregnancy. -
(1) Where a woman absents herself from work in accordance with the provisions of this Act, it shall be unlawful for her employer to discharge or dismiss her during or on account of such absence or to give notice of discharge or dismissal on such a day that the notice will expire during such absence, or to vary to her disadvantage any of the conditions of her service.
(2) (a) The discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge of dismissal would have been entitled to maternity benefit or medical bonus referred to in section 8, shall not have the effect of depriving her of the maternity benefit or medical bonus: Provided that where the dismissal is for any prescribed gross misconduct the employer may, by order in writing communicated to the woman, deprive her of the maternity benefit or medical bonus or both.
(b) Any woman deprived of maternity benefit or medical bonus or both may, within sixty days from the date on which the order of such deprivation is communicated to her, appeal to such authority as may be prescribed, and the decision of that authority on such appeal, whether the woman should or should not be deprived of maternity benefits or medical bonus or both, shall be final. (c) Nothing contained in this sub-section shall affect the provisions contained in subsection (1).
21. Penalty for contravention of Act by employers. -- If any employer contravenes the provisions of this Act or the rules made thereunder he shall be punishable with imprisonment which may extend to three months, or with fine which may extend to five hundred rupees, or with both; and where the contravention is of any provision regarding maternity benefit or regarding payment of any other amount and such maternity benefit or amount has not already been recovered, the court shall in addition recover such maternity benefit or amount as if it were a fine, and pay the same to the person entitled thereto.
27. Effect of laws and agreements inconsistent with this Act. -
(1) The provisions of this Act shall have effect notwithstanding anything inconsistent therewith contained NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 8 O.A. No. 275/2023 in any other law or in the terms of any award, agreement or contract of service, whether made before or after the coming into force of this Act: Provided that where under any such award, agreement, contract of service or otherwise, a woman is entitled to benefits in respect of any matter which are more favourable to her than those to which she would be entitled under this Act, the woman shall continue to be entitled to the more favourable benefits in respect of that matter, notwithstanding that she is entitled to receive benefit in respect of other matters under this Act.
(2) Nothing contained in this Act shall be construed to preclude a woman from entering into an agreement with her employer for granting her rights or privileges in respect of any matter, which are more favourable to her than those to which she would be entitled under this Act."
[Emphasis supplied]
12. The Act, 1961, a beneficial legislation to safeguard the rights of a worman employee to regulate the employment of women in certain establishments for certain period before and after child birth and to provide for maternity benefit and certain other benefits.
13. Sub-Section (2) of Section 5 of Act, 1961 envisages that woman shall be entitled for maternity benefits if she had actually worked for 80 days in twelve months preceding expected delivery in an establishment of the employer from whom she claims maternity benefits.
14. Sub-section (1) of Section 5 and Section 8 of Act, 1961 make entitlement for woman from her employer for payment of maternity benefits for the period of her actual absence and for payment of medical bonus respectively.
15. Sub-sections (3) and (4) of Section 6 of Act, 1961 provides that any woman entitled to receive maternity benefit may give notice of claim for maternity benefit and payment thereof and if not given any notice when she was pregnant may give such notice as soon as possible after the delivery and the employer shall permit such woman to absent herself from the establishment for the period for which she receives the maternity benefits.
16. Sub-section (6) of Section 6 of Act, 1961 further stipulates that failure to give such notice under this section shall not disentitle a woman to maternity benefits or any other amount under this Act.
NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 9 O.A. No. 275/2023
17. Sub-section (2) (a) of Section 12 of Act, 1961 also provides that the discharge or dismissal of a woman at any time during her pregnancy, if the woman but for such discharge or dismissal would have been entitled to maternity benefits or medical bonus shall not have the effect of depriving her of the maternity benefits or medical bonus.
18. Section 27 of Act, 1961 is non-obstante clause and ensures that the maternity benefits under the Act have to be mandatorily extended, irrespective of any contractual conditions and no unfavourable condition of service to a woman in a contractual service can override the benefits conferred upon pregnant woman under the Act.
19. Now coming to the case in hand. Admittedly, the applicant engaged in year 2014 as Guest Teacher, TGT, Hindi in Government Sarvodaya Kanya Vidyalaya No.1, Delhi and as per Sub-sec (2) of Section 5 of Act, 1961 has completed more than 80 days in twelve months date of expected delivery and she is entitled for maternity benefits in terms of Act, 1961 and fulfilling other conditions as provided in the Act.
20. The first limb of the argument of the respondents that applicant could not furnish any concrete proof of a formal application/intimation letter to the HoS while she was engaged.
21. Undisputedly, the applicant was working as Guest Teacher in Government Sarvodaya Kanya Vidayalaya No.1, Jama Masjid, Delhi/respondent no.4. Applicant has also made averments in para 4.10 of the OA that respondent no.4 sent email dated 18.06.2021 to the applicant, acknowledging the application dated 19.04.2021 for advance maternity leave on 19.04.2021 and she has also informed about expected date of delivery. Respondents have not denied the averments made in para 4.10 of the OA to claim maternity benefit and as on 19.04.2021 while engaged.
22. Applicant has also filed copy of the e-mail dated 18.06.2021 sent by respondent no.4 to applicant, acknowledging application for advance maternity leave on 19.04.2021 but respondents, instead of processing her case for extending maternity benefits has denied on NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 10 O.A. No. 275/2023 unjustifiable grounds in highly arbitrary manner. The content of e- mail dated 18.06.2021 would be relevant to answer the first limb of contention of respondents and is set-out herein below:-
"From: Skv No.1, Jama Masjid dated 18.06.2021 Ms Asma TGT (Hindi) - Guest Teacher Subject: Regarding Your Request for Maternity Leave and Virtual Joining in School.
Madam, Reference to all your previous correspondence regarding the subject above, you are hereby officially informed as here under for further necessary action -
1. That your Expected Date of Delivery advised by the Competent Medical Authority was 09.07.2021 which was more than six weeks away from your application for advance maternity leaves on 19.04.2021. Hence you couldn't be granted advance Maternity Leaves under guidelines of DoE.
2. That you stood Dis-engaged from your services in the DoE as per the Agreement between You and the Directorate of Education, GNCT of Delhi.
3. That you delivered a baby, as informed by you, on 29.05.2021 when you were not Engaged for Services in DoE, and hence your application for Maternity Leaves couldn't be considered under guidelines of DoE.
4. That the provision of Virtual joining is not a part of the Agreement Document between You and the DoE.
5. That you cannot be allowed to join (can't be Re-engaged) back to your duties in this school till you complete at least 60 mandatory days of your maternity period (as per Medical Advice and existing guidelines). After completing this 60 days period or more, you must approach the District Authorities for further engagement as Guest Teacher..
HOS SKV Jama Masjid 2127024"
[Emphasis supplied]
23. A perusal of the e-mail shows that respondents have received application for advance maternity leave on 19.04.2021 and intimation under Section 6 of Act, 1961, but denied the maternity benefits on failure to give notice. So also Section 6 of Act, 1961 is clear that the failure to give notice would not disentitle woman from such benefits and notice of claim for maternity benefits and payment thereof can also be given as soon as possible after the delivery. Applicant has sent application for release of maternity benefits on 19.04.2021 and on 09.05.2021 through e-mail about medical opinion expecting pre-mature delivery and gave birth to child through cesarean operation and discharged from the hospital NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 11 O.A. No. 275/2023 on 31.05.2021. The respondents ought not to have raised baseless objections vide impugned Order dated 27.05.2022, denying maternity benefits accrued in favour of the applicant as on 19.04.2021.
24. The second limb of the arguments of the learned counsel for the respondents is that as per Point no.1 of Circular dated 11.09.2020 issued by DoE at the time of application for availing maternity leave, the Guest Teacher should be actually engaged and working in a school of Directorate of Education. Applicant was engaged/working at the time of availing maternity benefits.
25. The facts not in dispute that the applicant engaged as Guest Teacher, TGT, Hindi in a school of Directorate of Education since 2014 and continued till 19.04.2021 and submitted application for maternity benefits. Undisputedly, while working as Guest Teacher, Order dated 19.04.2021 was issued by DoE, GNCTD, due to Covid- 19 pandemic that summer vacations re-scheduled w.e.f. 20.04.2021 and all the Guest Teaches shall be paid upto 19.04.2021.
26. Applicant has been pursuing her claim for maternity benefits while working as Guest Teacher and sent applications dated 19.04.2021 & 09.05.2021 through e-mail and also informed on 29.05.2021 regarding birth to child through cesarean and discharged from hospital on 31.05.2021. Thereafter, applications for grant of medical leave from 29.05.2021, dated 04.06.2021, 10.06.2021, 16.06.2021, 21.06.2021 and 03.08.2021 and respondents declined and ultimately on filing Contempt Petition No.161/2022 in OA No.2666/2021 passed the impugned Order dated 27.05.2022, rejecting the claim stating that school re-opened on 10.06.2021 and applicant failed to join by 17.06.2021 and not working, hence, benefits of maternity cannot be granted to her.
27. Having examined the scheme of the Act, 1961 and the fact of the matter that applicant working since 2014 and submitted application dated 19.04.2021 for advance payment of maternity benefits and delivered child on 29.05.2021 but respondents have rejected the claim on pretext that applicant is not working on opening of school from 10.06.2021.
NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 12 O.A. No. 275/2023
28. Sub-section (2)(a of Section 123 of Act, 1961 contemplates entitlement to the benefits under Act, 1961 even for an employee, who is discharged at any time during pregnancy, if woman for such discharge would have been entitled to maternity benefits and in Act, 1961 there is expressed provision to provide maternity benefits, despite the cessation of employment.
29. The contention of the respondents that the applicant was not engaged at the relevant time of availing of maternity benefits. Respondent no.4 has informed applicant through e-mail dated 18.06.2021, extracted in preceding paragraph that she had filed application dated 19.04.2021 for maternity benefits. The stand of the respondents that the applicant delivered a baby on 29.05.2021 and at that time she was not engaged for service in DoE and application for maternity cannot be considered under guidelines of DoE.
30. Having analyzed the relevant provisions of Act, 1961 and Section 12 and Section 27 of Act, 1961 makes it clear that the Act overrides all the provisions of any contract of service and anything inconsistent in agreements, conditions of service. Thus, the continuation of maternity benefits is in-built in the Statute itself and benefits accrued to the applicant will survive even after discontinuation in service. The conduct of the respondents is contrary to law and in similar cases maternity benefits have been released.
31. Issue involved in the present case is no more res integra and also covered by law laid down by Hon'ble Supreme Court in case of Dr. Kavita Yadav Vs. Secretary, Ministry of Health and Family Welfare & Ors., 2023 SCC OnLine SC 1067 and in case of Asia Pacific Institute of Management Vs. Office of the Joint Labour Commissioner & Anr., 2021 SCC OnLine Del.5243 passed by our own Hon'ble High Court of Delhi at New Delhi and the applicant is held entitled to maternity benefits which accrued to her.
NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30' 13 O.A. No. 275/2023 CONCLUSION
32. This Tribunal has analyzed in detail the issue in the light of aforesaid analysis, the issue is decided in favour of the applicant and against the respondents.
33. Impugned Order dated 27.05.2022 stands quashed and set- aside.
34. Respondents are directed to extend maternity benefits to the applicant as would have been available to her in terms of Act, 1961 and such benefits be quantified in monetary units, shall be extended to her within a period of six weeks from the date of production of certified copy of this Order. If the amount is not paid within a period of six weeks from the date of receipt of certified copy of this order, interest @ 9% per annum shall be liable to be paid with effect from the date of entitlement till date of actual payment.
35. The present Original Application is accordingly allowed in the above terms.
36. However, there shall be no orders as to costs.
37. As a sequel thereof, pending Miscellaneous Application(s), if any, shall also stands disposed off.
(Ajay Pratap Singh) Member (J) /na/ NARESH KUMAR AHUJA NARESH 2025.12.12 KUMAR AHUJA09:57:27 +05'30'