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HIGH COURT OF DELHI
Date of Decision: 15.12.2025
GOVT OF NCT OF DELHI (DEPARTMENT OF HEALTH SERVICES) .....Petitioner
Through: Mr. Yeeshu Jain, ASC
Through: Mr. Shankar Raju, Mr. Nilansh Gaur, Advs.
HON'BLE MS. JUSTICE MADHU JAIN NAVIN CHAWLA, J. (ORAL)
JUDGMENT
1. Allowed to subject, in all just exceptions. W.P.(C) 18970/2025 & CM APPL. 78982/2025
1. This petition has been filed challenging the Order dated 13.09.2024 passed by the learned Central Administrative Tribunal, Principal Bench, New Delhi (hereinafter referred to as the 'Tribunal') in O.A No. 3253/2019, titled Dr. Anjna Ganjoo (Group ‘A’) v. National Capital Territory of Delhi & Anr., disposing of the O.A. filed by the respondent herein with the following directions: “7 CONCLUSION:
7.1. We, therefore, for the detailed discussion hereinabove allow the present OA. The action of the respondents' not to release the leave salary due to the applicant from 01.07.2012 upto 24.02.2014, i.e., for 604 days, on account of sanctioned leave of the applicant, is liable to be quashed and set aside. Accordingly, the respondents are directed to release the leave salary due to the applicant from 01.07.2012 upto 24.02.2014, i.e., of 604 days on account of sanctioned leave within two months from date of receipt of certified copy of this order, failing which the applicant shall be entitled to interest applicable upon the deposits of GPF till the date of actual payment, All pending MAs, if any, shall stand disposed of. No costs.”
2. From the documents filed by the petitioner on record, it is evident that the respondent had been sanctioned Earned Leave from 06.04.2012 to 05.07.2012 and thereafter had also been sanctioned Child Care Leave (CCL) from 29.08.2012 to 20.02.2014.
3. In these facts, the learned Tribunal by its Impugned Order has held that the respondent must be paid salary for the period 01.07.2012 to 24.02.2014, that is, a total of 604 days, for the leave which already had been sanctioned in her favor.
4. Though there is some dispute about the dates for which the salary is to be released for the leave sanctioned, the learned counsel for the respondent submits that, in view of the Office Order No. 824 dated 22.08.2012 issued by the Chief District Medical Officer (Northwest), the salary for the period 29.08.2012 to 20.02.2014, that is, 541 days, be released to the respondent and the direction of the learned Tribunal be modified to this extent, to which he has no objection.
5. We find the above offer of the respondent to be very fair in view of the Office Order which we have referred hereinabove.
6. We, accordingly, dispose of this writ petition by directing the petitioner to pay the salary amount for the period 29.08.2012 to 20.02.2014, that is, 541 days to the respondent within eight weeks from today, failing which the petitioner shall also pay interest at the rate of 6% per annum to the respondent for the entire period of delay.
7. The petition along with the pending application is disposed of in above terms.
NAVIN CHAWLA, J MADHU JAIN, J DECEMBER 15, 2025/prg/k/ik