A recent judgment by the Delhi High Court has brought to light a dispute between the Management Committee and the Directorate of Education regarding the calculations of dues. The Management Committee has challenged the final calculations done by the Directorate of Education. As the legal battle unfolds, it will be interesting to see how this case pans out for both parties involved.
Facts
- The judgment dated 04 May, 2023, required the calculations of amounts owed under the 6 and 7 Central Pay Commission to be submitted to the Director of Education (DOE).
- The calculations provided by the DOE did not include the balance amount for the period between 01 April, 2021, to 30 September, 2023.
- Clear directions from the judgment have not been fully complied with by the respondents.
- The Management Committee raised issues regarding the calculations of dues payable to the petitioners, which were not considered by the DOE.
- A Coordinate Bench of the Court in May, 2024, mentioned that the calculations were not proper due to the representation by the Management Committee being overlooked.
- The writ petitions were disposed of with liberty granted to the Petitioners to seek further legal remedies if necessary.
Arguments
- The DOE made calculations without considering that part of the arrears of the 6th CPC had already been paid to the petitioners by the Management Committee.
- 20% of the amount has already been released to the petitioners in accordance with a judgment dated 04 May, 2024.
- The DOE calculated amounts payable to the petitioners for a period when they did not discharge their duties.
- The Management Committee raised objections in a representation dated 22 December, 2023, which were not taken into account by the DOE in finalizing the calculations of dues payable to the petitioners.
- Objections by the Management Committee were made on two grounds regarding the calculations done by the DOE.
- The DOE will need to conduct a fresh assessment taking into account the judgment passed on 01 May, 2024 in W.P.(C) No 6132/2024.
- The Management Committee can release amounts to the petitioners based on calculations by the DOE.
- The judgment dated 04 May, 2023, in W.P.(C) No 4542/2021 has attained finality and must be complied with by the respondents.
- The petitioners dispute the claim that 20% of the amount was released to them by the Management Committee.
- Objections by the Management Committee regarding payment for the period when duties were not discharged were not entertained by the Court.
- Detailed calculations by the DOE show that the Management Committee is liable to pay ₹ 5,51,53,744/- to the petitioners.
- The Management Committee is liable to pay the petitioners based on the DOE calculations during this interim period.
- The petitioners were never heard as a necessary party in the previous petition where detailed calculations were made.
- The Directorate of Education will carry out the exercise as discussed.
Analysis
- The final calculations of the Directorate of Education (DOE) have been challenged by both the petitioners and the Management Committee.
- A detailed exercise was conducted by the DOE to calculate the total amount payable to the petitioners, which amounted to ₹ 5,51,53,744/-.
- Directions have been given to the DOE to consider the representation of the Management Committee and conduct a fresh assessment of its calculations.
- The Competent Authority of the Directorate of Education is required to communicate the details of the meeting to consider the representation to the petitioner-society in advance.
Decision
- The Management Committee challenged the final calculations done by the DOE.
- A Coordinate Bench directed the DOE to consider the representation of the Management Committee’s objections.
- An affidavit of undertaking needs to be filed by the General Secretary of the Society within ten days.
- The Management Committee will have a hearing before finalizing their objections.
- The petitioners and their representatives are allowed to appear during the consideration of the representation.
- Further directions were given in W.P.(C) No.6132/2024 regarding the calculations of arrears and Central Pay Commissions.
- After DOE completes the assessment, 20% of the calculated amount is to be released within one week, and the rest in six equal installments over 12 months.
- Both parties will have an opportunity to raise objections to the calculations before the final report is furnished.
- Petitioners and School/Society must submit their respective calculations within ten days for examination by the DOE.
Case Title: DHARAM PAL YADAV Vs. CL BHALLA DAYANAND MODEL SCHOOL & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-159/2024
