The recent Delhi High Court judgment delves into the final calculation dispute between the DAV College Management Committee and the Directorate of Education. The Court has directed a reconsideration of representation and a fresh assessment of the disputed amounts. Stay informed about the legal intricacies of this case.
Facts
- The cost incurred for engaging the Chartered Accountant/Auditor shall be borne by the Society.
- Director of Education can request necessary records from the School/Society to examine the amounts due and calculate final amounts.
- School/Society must provide full cooperation in providing necessary records.
- Director of Education has eight weeks to complete the exercise of final calculations after receiving calculations from Petitioners and School/Society.
Arguments
- DOE made calculations without considering that part of the arrears of 6 CPC were already paid by the Management Committee to the petitioners.
- Management Committee claims 20% of the amount has already been released to the petitioners according to the judgment dated 04 May, 2024.
- DOE calculated amounts for a period when petitioners had not actually discharged their duties.
- Management Committee raised objections regarding the calculations in their representation dated 22 December, 2023, which were not taken into account by the DOE.
- Objections raised by the Management Committee were on two grounds according to their counsel.
- DOE’s counsels state that a fresh assessment will be necessary after considering the order dated 01 May, 2024 in W.P.(C) No 6132/2024.
- The Management Committee has no impediment in releasing amounts to the petitioners as per DOE’s calculations.
- Judgment dated 04 May, 2023 in W.P.(C) No 4542/2021 has attained finality and respondents must comply.
- Dispute regarding 20% of amount being released to the petitioners by the Management Committee.
- Objections raised by the Management Committee on petitioners’ entitlement to salary not entertained by the Court.
- Management Committee cannot raise objections belatedly at this stage.
- DOE has done a comprehensive exercise where Management Committee is liable to pay ₹5,51,53,744/- to the petitioners.
- Petitioners were not impleaded in the said petition and thus, never heard despite being a necessary party.
- ASC, GNCTD assures that the exercise will be carried out as per DOE’s calculations.
Analysis
- The final calculations of the Directorate of Education (DOE) have been challenged by both the petitioners and the DAV College Managing Committee.
- A detailed exercise was conducted by the DOE, resulting in a total amount payable to the petitioners of ₹5,51,53,744.
- The petitioners have raised objections to the calculations done by the DOE, indicating discrepancies in the balance payment calculations for the period between 1 April, 2021 to 30 September, 2023.
- The Management Committee has requested a fresh assessment and verification of the calculations by the DOE, which has been acknowledged by the Court.
- Directions have been given for the DOE to consider the representation of the Management Committee and provide a revised assessment accordingly.
- The Competent Authority of the Directorate of Education is mandated to communicate the details of the meeting regarding the representation to the petitioner-society well in advance.
Decision
- Writ petition disposed off with certain terms and conditions.
- Petitioners have the liberty to revive the petitions in case of non-compliance by the respondents.
- Verification and consideration of representation to be completed within eight weeks.
- Petitioners to be given an opportunity of hearing.
- Pending applications also disposed of.
- Management Committee challenged final calculations by DOE.
- Coordinate Bench directed reconsideration of representation.
- Affidavit of undertaking to be filed by School/Society.
- Management Committee to be heard by DOE.
- Petitioners granted liberty to appear before DOE.
- Direction to comply with judgment and release calculated amount.
- Remaining amounts to be disbursed in six installments.
- Opportunity given to raise objections to DOE calculations.
- Reporting final calculations to Petitioners and School/Society.
- Release of 20% of the due amounts within one week.
- Petitioners and School/Society to submit calculations to DOE.
- DOE to engage Chartered Accountant or Auditor for examination of calculations.
Case Title: NALINI KAUL Vs. CL BHALLA DAYANAND MODEL SCHOOL, & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-299/2024
