In a recent judgement by the Delhi High Court, a resolution has been passed concerning the representation made by the Management Committee in the case. The Court has directed a reconsideration of the final calculations by the Directorate of Education in response to objections raised by the Management Committee. This resolution marks a significant step in addressing the legal dispute between the parties involved.
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 amounts due and finalize calculations.
- The School/Society must cooperate fully in providing records for examination.
- The Director of Education should complete the exercise of final calculations within eight weeks from receiving calculations from Petitioners and School/Society.
- DOE was directed to determine the final calculations for the amounts owed to the petitioners.
Arguments
- Management Committee has already paid 20% of the arrears of 6 CPC to the petitioners as per a previous judgment.
- DOE calculated amounts for a period when petitioners were not on duty.
- Management Committee has other objections raised in a representation dated 22 December, 2023, which were not considered by the DOE in the calculations.
- Management Committee objects to the calculations on two grounds.
- DOE will need to conduct a fresh assessment in consideration of 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.
- Judgment dated 04 May, 2023 in W.P.(C) No 4542/2021 has finality and respondents must comply with it.
- Dispute over 20% amount released to the petitioners by the Management Committee.
- Objections raised by the Management Committee regarding payment of salary were not entertained by the Court.
- Objections cannot be raised by the Management Committee at a belated stage.
- DOE’s comprehensive exercise shows Management Committee liable to pay ₹ 5,51,53,744/- to petitioners.
- Management Committee is liable to pay petitioners based on DOE’s calculations in the interim.
- Petitioners were never heard in the said petition as they were a necessary party.
- ASC, GNCTD assures that the exercise will be carried out.
Analysis
- The final calculations of the Directorate of Education (DOE) have been challenged by both the petitioners and the Management Committee.
- The total amount calculated by the DOE as payable to the petitioners is ₹ 5,51,53,744.
- Directions have been issued to the DOE to reconsider the calculations in light of the representations made by the Management Committee.
- 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 Management Committee challenged the final calculations by the DOE through a writ petition.
- A Coordinate Bench directed DOE to reconsider the representation of the Management Committee regarding objections to the calculations.
- An affidavit of undertaking by the Society’s General Secretary must be filed within ten days.
- Petitioners and their representatives have the liberty to appear before the DOE during the reconsideration.
- No further orders are required in the current petitions.
- Management Committee to comply with all directions of the judgment including releasing 20% of the calculated amount within a week of finalization.
- Remaining amounts to be disbursed in six equal installments within 12 months.
- Opportunity given to petitioners to raise objections to DOE calculations.
- DOE to complete the assessment within a specified period.
- Final report to be provided to both parties with an opportunity for presenting their case.
- School/Society to release 20% of amounts due within a week of receiving the report.
- Petitioners and School/Society to submit calculations to DOE within ten days.
- DOE may engage a Chartered Accountant or Auditor for examining the calculations.
Case Title: ANJALI SOLANKI Vs. CL BHALLA DAYANAND MODEL SCHOOL & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-162/2024
