In a recent ruling by the Delhi High Court, the ongoing dispute between the Management Committee and the Directorate of Education over calculations has come to the forefront. The court directed 20% of the calculated amount to be released to the petitioners within one week, but issues have arisen regarding the accuracy of the calculations. The Management Committee has challenged the final figures provided by the Directorate of Education, leading to a series of legal complexities. Follow the developments in this case to understand the intricacies of the dispute.
Facts
- The court directed 20% of the calculated amount to be released to the petitioners within one week.
- The remaining outstanding amount was to be paid in six equal installments within 12 months.
- The calculations provided by the Director of Education did not include the balance amount for the period between April 1, 2021, to September 30, 2023.
- The respondents have not fully complied with the directions given in the judgment dated May 4, 2023.
- The Management Committee raised issues regarding the calculation of dues payable to the petitioners, which were not properly considered by the Director of Education.
- A Coordinate Bench of the Court in May 2024, noted that the Management Committee obtained a judgment behind the petitioners’ back, leading to the dismissal of the pending applications.
- The writ petitions were disposed of, granting the petitioners liberty to seek further legal remedies if any grievances persist.
Arguments
- DOE made calculations without considering that part of the arrears of 6 CPC had already been paid to the petitioners by the Management Committee.
- 20% of the amount calculated by the Management Committee had already been released to the petitioners as per the judgment dated 04 May, 2024.
- DOE calculated amounts payable to the petitioners for a period when the petitioners had not discharged their duties.
- The Management Committee had raised objections in their representation dated 22 December, 2023, which were not taken into account by the DOE during finalizing the calculations of dues payable to the petitioners.
- The Management Committee objected to the calculations of the DOE on two grounds.
- DOE has to conduct a fresh assessment after considering the order passed on 01 May, 2024, in W.P.(C) No 6132/2024.
- The Management Committee can release amounts to the petitioners based on calculations by the Directorate of Education (DOE) in the interim.
- Previous judgment in W.P.(C) No 4542/2021 has attained finality, and the respondents are obligated to comply with it.
- Dispute regarding 20% release of amount to the petitioners by the Management Committee.
- Objections raised by the Management Committee regarding payment of salary to the petitioners were not entertained by the Court and cannot be raised belatedly.
- DOE’s comprehensive calculation holds the Management Committee liable to pay ₹ 5,51,53,744/- to the petitioners, which must be paid during the interim period.
- Petitioners were not impleaded in the said petition and were not heard despite being a necessary party.
- Assurance by the learned ASC, GNCTD for the Directorate of Education that the required exercise will be carried out.
Analysis
- Final calculations of the Directorate of Education (DOE) challenged by Petitioner Society and Management Committee.
- Total amount calculated by the DOE as payable to Petitioner Society is ₹5,51,53,744.
- Directions issued to DOE to consider representation of Management Committee for fresh assessment/verification of calculations.
- Competent Authority of Directorate of Education to convey date, time, and venue of meeting for consideration of representation to Petitioner Society in advance.
Decision
- The Management Committee challenged the final calculations done by the DOE.
- The Representation dated 22 December, 2023, was being considered with respect to objections.
- An affidavit of undertaking to reconsider the objections was to be filed within ten days.
- The Management Committee is granted a hearing before finalizing objections.
- Petitioners and their representatives are allowed to appear before the DOE during the consideration process.
- Direction given to the DOE to reassess the calculations and comply with previous orders.
- Release of 20% of the calculated amount within one week of finalization by the DOE.
- Remaining amounts to be disbursed in six equal installments within 12 months.
- Both parties given the opportunity to raise objections to the calculations.
- Final report on amounts due to be furnished to both parties for release of funds.
- Deadline set for submission of calculations and assessment by the DOE.
Case Title: BK AWASTHI Vs. CL BHALLA DAYANAND MODEL SCHOOL, & ORS. (2024:DHC:3798)
Case Number: CONT.CAS(C)-170/2024
