In a significant development, the Delhi High Court has issued a ruling in the case involving the Management Committee and the Directorate of Education. The dispute revolves around calculations of arrears and payments to be made. This judgment has far-reaching implications for both parties involved and sets a precedent for similar cases in the future.
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 for examining the amounts due and calculating final amounts.
- The School/Society must fully cooperate in providing the necessary records.
- The Director of Education must complete the exercise of calculating final amounts within eight weeks from receiving calculations from the Petitioners and School/Society.
- The DOE was directed to carry out the exercise of arriving at the final calculations for the amounts payable to the petitioners.
Arguments
- The Management Committee has already paid 20% of the arrears from the 6th CPC to the petitioners as per the judgment of 04 May, 2024.
- The DOE calculated the amounts payable to the petitioners for a period when they were not actively discharging their duties.
- There are other objections raised by the Management Committee regarding the calculations, which were not considered by the DOE during finalization of dues.
- The Management Committee raised objections on two specific grounds concerning the DOE’s calculations.
- The DOE will need to conduct a fresh assessment in light of the judgment passed on 01 May, 2024 in W.P.(C) No 6132/2024.
- He submits that in the interim, there is no impediment for the Management Committee to release amounts to the petitioners based on calculations by the DOE.
- The judgment dated 04 May, 2023 in W.P.(C) No 4542/2021 and connected matters has already attained finality, and compliance is mandatory for the respondents.
- The claim that 20% of the amount was released to the petitioners by the Management Committee is disputed by counsel for the petitioners.
- Objections raised by the Management Committee regarding payment for periods of non-duty were not entertained by the Court in W.P.(C) No 4542/2021, hence cannot be raised at this stage.
- A detailed comprehensive exercise by the DOE indicates the Management Committee’s liability to pay an amount of ₹ 5,51,53,744 to the petitioners.
- The petitioners were not impleaded in the said petition and were a necessary party who were not heard.
- Mr. Jain, learned ASC, GNCTD assures that the exercise will be carried out by the Directorate of Education.
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 issued to the DOE in May 2024 to consider the representation of the Management Committee and reassess its calculations accordingly.
- The Competent Authority of Directorate of Education is instructed to communicate the details of the meeting for consideration of the representation to the petitioner-society in advance.
Decision
- The Management Committee challenged the final calculations by DOE in a writ petition.
- A Coordinate Bench directed the DOE to consider the Management Committee’s objections and representation.
- The Management Committee to file an affidavit of undertaking within ten days.
- Petitioners and their representatives to appear before the DOE during the consideration of objections.
- Fresh assessment of calculations to be done by DOE as per court directions.
- Management Committee to comply with directions of releasing 20% of calculated amount within a week.
- Remaining amounts to be disbursed in six equal installments over 12 months.
- Both petitioners and Management Committee to raise objections to calculations before finalization.
- Final report with calculations to be furnished to both parties for release of amounts due.
- Petitioners and School/Society to provide calculations to DOE within ten days.
- DOE can engage a Chartered Accountant or Auditor for examination of calculations.
Case Title: CHARU GROVER Vs. CL BHALLA DAYANAND MODEL SCHOOL, & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-297/2024
