The Delhi High Court has ordered the Directorate of Education to reexamine the arrears calculation in the case of Petitioner-Society versus the Management Committee. The Management Committee has raised objections to the final calculations done by DOE, and a reconsideration is underway. Stay informed about the latest developments in this legal matter.
Facts
- The cost incurred for engaging the Chartered Accountant/Auditor shall be borne by the Society.
- The Director of Education is authorized to request necessary records from the School/Society to examine the amounts due and finalize calculations.
- The School/Society must fully cooperate in providing the required records.
- The Director of Education is mandated to complete the final calculations and submit the report within eight weeks from receiving the calculations from the Petitioners and the School/Society.
- Following the report, the DOE was instructed to determine the final amounts payable to the petitioners.
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 has already been released to the petitioners as per the calculation made by the Management Committee.
- The DOE calculated amounts payable to the petitioners for a period when they had not actually discharged their duties.
- Objections raised by the Management Committee in a representation dated 22 December, 2023 were not taken into account by the DOE during finalizing the calculations of dues payable to the petitioners.
- The Management Committee has objections on DOE’s calculations on two grounds.
- The DOE needs to conduct a fresh assessment after considering the judgment passed on 01 May, 2024 in W.P.(C) No 6132/2024.
- The Management Committee is not impeded to release amounts to the petitioners as per calculations by the DOE.
- The judgment dated 04 May, 2023, in W.P.(C) No 4542/2021 has achieved finality and the respondents must comply.
- Claims that 20% of the amount was released to the petitioners were disputed by the petitioners’ counsel.
- Objections raised by the Management Committee regarding payment when duties were not discharged were not entertained by the Court.
- The Management Committee cannot raise objections at this stage.
- The DOE’s comprehensive exercise determines a liability of ₹ 5,51,53,744/- to be paid to the petitioners by the Management Committee.
- Petitioners were not heard in the said petition despite being a necessary party.
- Mr. Jain from GNCTD assures that the exercise will be carried out by the Directorate of Education.
Analysis
- Final calculations of the DOE challenged by both petitioners and Management Committee.
- Total amount calculated by the DOE as payable to the petitioners is ₹ 5,51,53,744/-.
- Directions issued to the DOE to consider the Management Committee’s representation and provide a fresh assessment of calculations.
- The Competent Authority of Directorate of Education will inform the petitioner-society in advance about the meeting for consideration of the representation.
Decision
- The Coordinate Bench of the Court directed the Directorate of Education to reconsider the representation dated 22 December 2023 submitted by the petitioner-Society regarding the calculation of arrears of the 6th and 7th Central Pay Commission.
- The Management Committee challenged the final calculations done by the Directorate of Education and submitted objections which are to be reconsidered.
- The Management Committee is granted an opportunity to present their objections before the Directorate of Education.
- The petitioners and their representatives are granted liberty to appear before the Directorate of Education during the consideration of the Management Committee’s objections.
- The Management Committee is directed to comply with all directions given in the previous judgment, including the release of 20% of the calculated amount within one week of finalization by the Directorate of Education.
- The remaining outstanding amounts are to be disbursed to the Petitioners in six equal installments over 12 months.
- The Directorate of Education is to complete the assessment and verification of calculations by a specified date.
- The petitioners are given an opportunity to raise objections to the calculations of the Directorate of Education.
- The final report containing the calculations of amounts due to the Petitioners will be furnished to both parties, and 20% of the amounts due are to be released within one week of receiving the report.
- The Petitioners and the School/Society are required to furnish their respective calculations of amounts due within a specific timeframe.
Case Title: VANDANA JETLEY Vs. CL BHALLA DAYANAND MODEL SCHOOL, & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-298/2024
