In a recent legal development, the Delhi High Court has directed a reassessment in the case involving the Management Committee and the petitioners. The court’s decision comes after challenges were raised regarding the calculations made by the Directorate of Education. Both parties are set to participate in the reassessment process to resolve the disputed amounts. Stay updated on this ongoing case for further updates on the resolution. #DelhiCourt #LegalJudgment #DisputeResolution
Facts
- The cost incurred for engaging the Chartered Accountant/Auditor shall be borne by the Society.
- The Director of Education can request necessary records from the School/Society to examine the amounts due and calculate the final amount.
- The School/Society must cooperate fully with the Director of Education during this process.
- The Director of Education must complete the exercise of final calculations within eight weeks from receiving the calculations from the Petitioners and the School/Society.
Arguments
- DOE made calculations without considering that part of the arrears of 6 CPC had already been paid to the petitioners by the Management Committee.
- Management Committee claims that 20% of the amount has already been released to the petitioners as per the judgment dated 04 May, 2024.
- DOE calculated amounts payable to the petitioners for a period when they had not discharged their duties.
- Management Committee raised objections in a representation dated 22 December, 2023, which were not considered by the DOE in finalizing the calculations of dues payable to the petitioners.
- Management Committee objected to the calculations by the DOE on two grounds.
- DOE counsels state that a fresh assessment needs to be carried out after considering the order dated 01 May, 2024 passed in W.P.(C) No 6132/2024.
- The Management Committee can release amounts to the petitioners based on calculations done by the DOE.
- The judgment passed in W.P.(C) No 4542/2021 has attained finality and the respondents must comply with it.
- The Management Committee disputed releasing 20% of the amount to the petitioners, but objections were not entertained by the Court.
- Similar objections raised by the Management Committee previously cannot be entertained at this stage.
- DOE has already done a comprehensive exercise, determining that the Management Committee owes ₹ 5,51,53,744 to the petitioners.
- The petitioners were never heard in the petition where the calculations were made by DOE.
- The ASC, GNCTD confirms that the exercise will be carried out.
Analysis
- The final calculations of the Directorate of Education (DOE) have been contested by both the petitioners and the Management Committee.
- A detailed calculation by the DOE indicated a total amount of ₹5,51,53,744 payable to the petitioners.
- Directions have been given for the DOE to reevaluate its calculations in response to the challenges raised.
- The DOE is tasked with considering the representation of the Management Committee and providing a fresh assessment accordingly.
- The Competent Authority of the Directorate of Education will communicate the details of the meeting to discuss the representation to the petitioner-society in advance.
Decision
- The respondent/Management Committee challenged the final calculations done by the Directorate of Education (DOE) through a writ petition.
- A Coordinate Bench of the Court 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 is to be granted a hearing before finalizing objections.
- Petitioners and their representatives have the liberty to appear before the DOE during the consideration of objections.
- No further orders are required as the DOE will reassess the calculations.
- After completion of the reassessment, the Management Committee must comply with all directions provided in previous judgments.
- 20% of the calculated amount is to be released within one week, with the remaining amounts disbursed in six equal installments over 12 months.
- Both parties will have the opportunity to raise objections to DOE’s calculations.
- The DOE will complete the assessment within a specified period and provide a final report to both parties.
- Petitioners and the 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: MEENAKSHI SHARMA Vs. CL BHALLA DAYANAND MODEL SCHOOL & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-166/2024
