In a recent ruling by the Delhi High Court, the Management Committee challenged the calculations done by the Directorate of Education. The court directed a fresh assessment to be conducted, taking into consideration the representation made by the Management Committee. Stay tuned to learn more about the outcome of this case and its impact on the education sector.
Facts
- The cost for engaging the Chartered Accountant/Auditor should be borne by the Society.
- The Director of Education has the authority to request necessary records from the School/Society for examining the amounts due and finalizing calculations.
- The School/Society is obligated to provide full cooperation in this matter.
- The entire process of finalizing calculations and preparing the report should be completed by the Director of Education within eight weeks from the receipt of calculations from the Petitioners and School/Society.
Arguments
- The DOE made calculations without considering that part of the arrears of 6 CPC had already been paid by the Management Committee to the petitioners.
- 20% of the amount, as calculated by the Management Committee, has already been released to the petitioners in accordance with the judgment dated 04 May, 2024.
- The DOE calculated amounts payable to the petitioners for a period during which they had not actually performed their duties.
- The Management Committee raised objections regarding the calculations of the DOE, which were outlined in their representation dated 22 December, 2023, and were not taken into account during the finalization of the dues payable to the petitioners.
- The Management Committee objected to the calculations on two grounds.
- The DOE will need to conduct a fresh assessment taking into consideration the judgment passed on 01 May, 2024 in W.P.(C) No 6132/2024.
- The Management Committee is not hindered from releasing amounts to the petitioners based on calculations by the DOE.
- The judgment from May 4, 2023, in W.P.(C) No 4542/2021 is deemed final and binding on the respondents.
- Dispute over 20% of the amount being released to the petitioners by the Management Committee.
- Objections raised by the Management Committee regarding payment of salary for non-duty period were disregarded by the Court in a previous hearing.
- Asserts that objections from the Management Committee on payment cannot be raised at this late stage.
- DOE has conducted a detailed exercise, finding Management Committee liable to pay ₹ 5,51,53,744 to the petitioners.
- Argues that petitioners were not heard despite being necessary parties in a previous petition.
- Mr. Jain from GNCTD confirms that the exercise will be carried out by the Directorate of Education.
Analysis
- Petitioners have challenged the final calculations done by the Directorate of Education (DOE).
- The total amount calculated as payable to the petitioners by the DOE is ₹5,51,53,744.
- The petitioners and the Management Committee have both challenged the final calculations.
- The DOE has been directed to reconsider the calculations in light of the representation made by the Management Committee.
- The Competent Authority of Directorate of Education will inform the petitioner society in advance about the meeting to consider the representation.
Decision
- The Management Committee challenged the final calculations by the DOE in a writ petition.
- A Coordinate Bench directed the DOE to consider the Management Committee’s representation and granted liberty to petitioners to appear before the DOE.
- An affidavit of undertaking by the General Secretary of the Society is to be filed within ten days.
- The Management Committee representatives will be heard by the DOE before finalizing objections.
- Another Coordinate Bench directed the DOE to reconsider the representation regarding arrears of the 6th and 7th CPC.
- No further orders are needed in the present petitions.
- Upon completion of fresh assessment by DOE, Management Committee must comply with directions in previous judgment.
- 20% of the calculated amount is to be released within one week; remaining amount in six equal installments within 12 months.
- Both petitioners and School/Society must submit calculations to the Director of Education within ten days.
- DOE will examine the calculations and may engage a Chartered Accountant or Auditor.
- Final report on amounts due to Petitioners will be shared for releasing 20% within a week.
Case Title: INDU JOSHI Vs. CL BHALLA DAYANAND MODEL SCHOOL & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-164/2024
