service law interpretation

Please come to the problem faced inseead of setting question paper.

Sir,, I was removed in 2018 and reinstated in June 2020 by treating intervening period as duty, but employer not giving child education allowance stating I was under removal period for which I climed child education allowance. dopt office memorandum 2017 States non eligibility only under dies-non. employer say it is executive instruction. according to me it is a rule and law are to be followed.
this is a subject on which my query sir