In a recent case before the Delhi High Court, a dispute has arisen between the Management Committee and the Directorate of Education. The judgment has led to conflicting interpretations regarding the calculations of amounts owed, raising significant legal considerations. Stay informed as we delve into the intricacies of this case involving the Management Committee and the Directorate of Education.
Facts
- The judgment dated 04 May, 2023, issued clear directions for calculations of amounts owed under the 6 and 7 Central Pay Commission to be submitted to the Director of Education (DOE).
- The DOE was instructed to examine these calculations and prepare a final report after hearing both parties.
- 20% of the calculated amount was to be released to the petitioners by the respondent/Society within one week of receiving the final report.
- The remaining outstanding amount was directed to be paid in six equal installments within 12 months.
- The calculations provided by the DOE did not separate the balance amount for the period between 01 April, 2021 to 30 September, 2023, as per submissions from the petitioners’ counsel.
- The directions in the judgment dated 04 May, 2023, have not been fully complied with by the respondents.
- A Coordinate Bench of the Court in May, 2024, noted that the calculations by the DOE were not proper as they did not consider the representation of the Management Committee regarding the dues payable to the petitioners.
- The judgment in May, 2024, was obtained by the Management Committee without the petitioners’ knowledge.
- The writ petitions have been disposed of, granting liberty to the Petitioners to seek appropriate legal remedies if any grievances remain.
Arguments
- The Department of Education (DOE) did not consider that part of the arrears of the 6th Central Pay Commission (CPC) had already been paid by the Management Committee to the petitioners.
- 20% of the amount has already been released to the petitioners according to the calculations by the Management Committee.
- The DOE calculated amounts payable to the petitioners for a period when they were not actively discharging their duties.
- The Management Committee raised objections regarding the calculations done by the DOE, which were not taken into account during the finalization of dues payable to the petitioners.
- The Management Committee has objections on two grounds, as highlighted in their representation dated 22 December, 2023.
- The DOE has agreed to conduct a fresh assessment after taking into consideration the judgment passed on 01 May, 2024 in W.P.(C) No 6132/2024.
- There is no impediment for the Management Committee to release amounts to the petitioners based on calculations by the DOE.
- Judgment dated 04 May, 2023, has attained finality and respondents must comply with it.
- Disputes the claim that 20% of the amount was released to the petitioners by the Management Committee.
- Objected to the petitioners not being entitled to salary for the period they did not discharge their duty, objections were not entertained by the Court.
- Management Committee cannot raise objections now at a belated stage.
- DOE has completed a comprehensive exercise where Management Committee is liable to pay ₹ 5,51,53,744 to the petitioners.
- Petitioners were never impleaded in the said petition and thus were never heard, even though 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 the petitioners and the Management Committee.
- A detailed exercise was carried out by the DOE, resulting in a total amount of ₹5,51,53,744 payable to the petitioners.
- Directions have been issued for the DOE to consider the representation of the Management Committee and conduct a fresh assessment of its calculations.
- The Competent Authority of the Directorate of Education is directed to communicate the details of the meeting for consideration of the representation to the petitioner-society in advance.
Decision
- The respondent/Management Committee contested the final calculations done by the DOE and filed a writ petition.
- The court directed the DOE to consider the Management Committee’s representation and granted the petitioners the liberty to appear during the process.
- An affidavit of undertaking by the Society’s General Secretary was ordered to be filed within ten days.
- The petitioners and their representatives were allowed to attend when the DOE reviews the representation of the Management Committee.
- A Coordinate Bench directed the DOE to reconsider the Society’s representation regarding arrears calculation under the 6th and 7th Central Pay Commission.
- The Court specified the actions to be taken by the Management Committee post the DOE’s finalization of calculations, including releasing 20% of the amount within a week.
- The outstanding amounts were to be disbursed in six equal installments within 12 months thereafter.
- Both parties were given an opportunity to raise objections to the DOE’s calculations.
- The DOE was instructed to complete the assessment and verification of calculations by a specified date.
- The final report on amounts due was to be shared with both parties before releasing 20% of the funds within a week.
- Petitioners and the School/Society were required to provide their calculations to the DOE within ten days for examination by a Chartered Accountant or Auditor.
Case Title: SUNITA GUPTA Vs. CL BHALLA DAYANAND MODEL SCHOOL & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-161/2024
