In a recent judgment by the Delhi High Court, a directive was issued to resolve the calculation dispute between the Management Committee and the Directorate of Education. The Court emphasized the need for a fresh assessment following previous judgments, ensuring transparency and fairness in the process. Stay informed about the legal developments and outcomes in this ongoing case.
Facts
- The Court directed the Director of Education (DOE) to examine the calculations provided by both the petitioners and the Management Committee.
- It was noted that the calculations did not include the balance amount for the period between 01 April, 2021 to 30 September, 2023.
- The petitioners’ counsel raised concerns about non-compliance with the directions of the judgment dated 04 May, 2023.
- The Management Committee’s representation regarding the calculation of dues was not adequately considered by the DOE.
- A Coordinate Bench judgment in W.P.(C) 6132/2024 mentioned that the calculations by the DOE were not proper as they did not consider the Management Committee’s representation.
- The judgment noted that the Management Committee obtained the judgment behind the back of the petitioners.
- The writ petitions were disposed of, granting liberty to the petitioners to seek appropriate legal remedies if any grievances remain.
Arguments
- The DOE made calculations without accounting for the fact that part of the arrears of 6 CPC was already paid to the petitioners by the Management Committee.
- The Management Committee stated that 20% of the amount due to the petitioners had already been released following the judgment on 04 May, 2024.
- The DOE calculated amounts payable to the petitioners for a period when they were not actively performing their duties.
- The Management Committee raised objections regarding the calculations in a representation dated 22 December, 2023, which were not considered by the DOE.
- The Management Committee raised two specific objections regarding the calculations made by the DOE.
- The counsels for the DOE mentioned the need for a fresh assessment following a 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.
- Judgment dated 04 May, 2023 in W.P.(C) No 4542/2021 has attained finality and respondents must comply.
- Dispute regarding 20% amount being released to petitioners is raised by petitioners’ counsel.
- Objections raised by Management Committee regarding payment for duty not discharged were not entertained by the Court.
- Objections raised by Management Committee cannot be entertained at this belated stage.
- DOE’s comprehensive exercise shows Management Committee’s liability to pay ₹5,51,53,744 to petitioners.
- Management Committee should pay petitioners as per DOE’s calculations during the interim period.
- Petitioners were never heard or impleaded in the said petition, even though necessary parties.
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 carried out by the DOE, resulting in a total amount payable to the petitioners of ₹5,51,53,744.
- Directions have been given to the DOE to consider the representations of the Management Committee and conduct a fresh assessment of calculations.
- The Competent Authority of the Directorate of Education is tasked with conveying the details of the meeting for consideration of the representations to the petitioner-society in advance.
Decision
- The Management Committee challenged the final calculations done by the Directorate of Education (DOE) in a writ petition.
- A Coordinate Bench directed the DOE to reconsider the representation of the Management Committee regarding objections to the calculations.
- An affidavit of undertaking by the Society’s General Secretary is to be filed within ten days.
- The Management Committee will have a hearing before the finalization of their objections.
- The petitioners and their representatives are granted liberty to appear before the DOE during this process.
- Further orders are not required as the DOE will conduct a fresh assessment of calculations.
- The Management Committee must comply with all directions in previous judgments, including releasing 20% of the calculated amount within a week of finalization.
- The remaining amounts are to be disbursed to the Petitioners in six equal installments over 12 months.
- The DOE will allow the petitioners to raise objections to their calculations.
- The assessment of the calculations should be completed by the DOE within a specific time frame.
- An opportunity for both parties to present their cases will be provided before the final report is issued.
- Both the Petitioners and School/Society must submit their calculations to the DOE within ten days.
- The DOE may engage a Chartered Accountant or Auditor to examine the calculations.
Case Title: SEEMA ANIL KAPOOR Vs. CL BHALLA DAYANAND MODEL SCHOOL & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-157/2024
