In a recent judgment by the Delhi High Court, a legal battle unfolds between the Management Committee and the Directorate of Education. The case involves a dispute over calculations done by the DOE regarding amounts owed to the petitioners. The Management Committee challenges the final calculations, leading to a reconsideration process by the DOE. Both parties are directed to present their case before the final amounts are determined. Follow this intriguing legal saga for more insights and updates.
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 provide full cooperation.
- The Director of Education must complete the exercise of final calculations within eight weeks from receiving calculations from the Petitioners and the School/Society.
- The DOE was instructed to carry out the exercise of arriving at final calculations for the amounts owed to the petitioners.
Arguments
- DOE made calculations without considering arrears already paid by Management Committee to the petitioners.
- 20% of the amount has already been released to the petitioners as per the judgment dated 04 May, 2024.
- DOE calculated amounts for a period when petitioners were not discharging their duties.
- Management Committee raised objections in representation dated 22 December, 2023, not considered by the DOE in finalizing calculations.
- Management Committee objected to DOE calculations on two grounds.
- DOE to conduct a fresh assessment considering the judgment passed on 01 May, 2024.
- The Management Committee should release amounts to the petitioners based on calculations by the DOE.
- The judgment passed in W.P.(C) No 4542/2021 has attained finality and the respondents must comply with it.
- Petitioners dispute that only 20% of the amount was released to them by the Management Committee.
- Objections raised by the Management Committee regarding payment of salary when duties were not discharged were not entertained by the Court.
- The Management Committee cannot raise these objections at a belated stage.
- DOE has done a detailed exercise, determining that the Management Committee owes the petitioners an amount of ₹ 5,51,53,744.
- The Management Committee is liable to pay the petitioners as per the calculations done by the DOE.
- The petitioners were not heard in the said petition even though they were a necessary party.
- Mr. Jain from GNCTD states 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.
- The total amount calculated by the DOE as payable to the petitioners is ₹ 5,51,53,744/-.
- Directions have been issued to the DOE in May 2024 to reconsider the representation of the Management Committee and adjust their calculations accordingly.
- The Competent Authority of Directorate of Education is responsible for organizing a meeting to consider the representation, and they are to inform the petitioner-society in advance about the date, time, and venue of such meeting.
Decision
- The Management Committee challenged the final calculations done by the Directorate of Education (DOE) through a writ petition.
- A Coordinate Bench directed the DOE to reconsider the representation of the Management Committee regarding the objections to the calculations.
- An affidavit of undertaking by the General Secretary of the Society should be filed within ten days.
- The Management Committee representatives will have a hearing before finalizing objections.
- Petitioners and their representatives have liberty to appear before the DOE during the reconsideration.
- The DOE is directed to grant an opportunity to the petitioners to raise objections to their calculations.
- The Management Committee is directed to comply with all directions from previous judgments after fresh assessment by the DOE.
- 20% of the calculated amount should be released within one week of finalization by the DOE.
- The remaining amounts should be disbursed to petitioners in six equal installments over 12 months.
- Both parties will have an opportunity to present their case before finalizing the amounts due to the Petitioners.
- Petitioners and School/Society to furnish their calculations to the DOE within ten days.
- The DOE may engage a Chartered Accountant or Auditor to examine the calculations.
Case Title: GOURI CHOPRA Vs. CL BHALLA DAYANAND MODEL SCHOOL & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-167/2024
