CENTRAL ADMINISTRATIVE TRIBUNAL PRINCIPAL BENCH: NEW DELHI 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 O R D E R 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 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 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