2024 (8) TMI 1268 - SC - Indian Laws

Shifting and demolition of the school by DSGMC - whether the appellant-DSGMC has any valid ground so as to assail the impugned judgment of the High Court dated 9th December, 2009, whereby the NDMC was directed to reimburse the pay and perquisites including the pension and other benefits accruing to the staff of the school and then to recover the same from the appellant-DSGMC ? - HELD THAT - Admittedly, the school in question being run by the appellant-DSGMC was receiving 95% grant from NDMC, and the same was closed down without due approval of the Director (Education), NDMC. As a consequence, the appellant-DSGMC cannot be allowed to take the shield of Rule 47 of the Delhi Education Rules so as to claim that the burden of re-employment and payment of salaries of the surplus teachers and the nonteaching staff upon closure of the school would be that of the NDMC. The question of absorption only arises when the closure of the school is done in accordance with law, which requires a full justification and prior approval of the Director as per Rule 46 supra. Since the closure of the school in question was undertaken de hors Rule 46, the argument advanced on behalf of the appellant- DSGMC that the onus to absorb the surplus teaching and nonteaching staff would be that of the NDMC, has no legal sanction and cannot be sustained. There are no merit in Civil Appeal preferred by the appellant-DSGMC, which are hereby dismissed. Seeking reimbursement of the entire amount from the DSGMC to staff - HELD THAT - Since the principal amount has already been paid by the appellant-NDMC, there is no reason for this Court to interfere with the direction given by the Delhi High Court for payment of interest to the respondents, i.e., staff of the school, in terms of the impugned judgment - it is directed that appellant-NDMC shall pay all remaining dues including interest to the respondents-staff of the school, within a period of eight weeks from today - It is clarified and reiterated that the appellant-NDMC shall be entitled to take recourse of the appropriate remedy for reimbursement of the amounts paid to respondents-staff of the school from the DSGMC, in case the DSGMC voluntarily fails to reimburse the said amount. Appeal disposed off.

Issues Involved:
1. Shifting and demolition of the school by DSGMC.
2. Withdrawal of recognition and grant-in-aid by NDMC.
3. Legal proceedings and orders regarding the closure of the school.
4. Responsibilities for the salaries and benefits of surplus staff.
5. Contempt proceedings and compliance with court orders.
6. Reimbursement of payments made by NDMC to the staff.

Issue-wise Detailed Analysis:

1. Shifting and Demolition of the School by DSGMC:
The appellant-DSGMC was managing Khalsa Boys Primary School, receiving 95% grant from NDMC. Due to the dilapidated condition of the school building and increasing devotees, DSGMC decided to shift the school to Mata Sundari College. Despite an ex-parte stay order from the High Court on May 30, 2005, DSGMC demolished a substantial part of the school building, making it non-functional.

2. Withdrawal of Recognition and Grant-in-aid by NDMC:
Following the demolition, NDMC stopped the grant-in-aid under Rule 69 of the Delhi Education Act and Rules, 1973, as the new location was outside its jurisdiction. The High Court directed NDMC to consider ex-post facto sanction for the school's closure. NDMC invoked Rule 55(1) and decided not to grant ex-post facto sanction, withdrawing recognition and stopping the grant-in-aid.

3. Legal Proceedings and Orders Regarding the Closure of the School:
The teaching and non-teaching staff filed writ petitions seeking absorption in NDMC/Government-aided schools and payment of salaries and benefits. The High Court directed NDMC to reconsider ex-post facto sanction and ordered DSGMC to continue paying salaries and benefits until a fresh order was passed. The Division Bench of the High Court later directed NDMC to pay arrears and re-employ the staff or ensure DSGMC paid full salaries and benefits.

4. Responsibilities for the Salaries and Benefits of Surplus Staff:
The High Court's Division Bench directed NDMC to pay arrears and re-employ the staff or ensure DSGMC paid full salaries and benefits. The Supreme Court noted that DSGMC demolished the school without NDMC's permission, leading to the closure. Thus, DSGMC was responsible for the salaries and benefits of the staff due to the illegal closure.

5. Contempt Proceedings and Compliance with Court Orders:
The employees filed a Contempt Petition, and the High Court observed that DSGMC's offers of re-employment were not bona fide as they did not comply with the directions. DSGMC was ordered to pay full salaries and benefits from March 4, 2010, to January 30, 2018, due to non-compliance with the re-employment order.

6. Reimbursement of Payments Made by NDMC to the Staff:
NDMC appealed against the direction to bear the burden of salaries and benefits. The Supreme Court noted that NDMC had already paid the principal amount and was entitled to seek reimbursement from DSGMC. The Court directed NDMC to pay remaining dues, including interest, and allowed NDMC to seek reimbursement from DSGMC through appropriate remedies, including impleadment in the pending Contempt Petition.

Conclusion:
The Supreme Court dismissed DSGMC's appeals, holding them responsible for the salaries and benefits due to the illegal closure of the school. NDMC's appeals were disposed of with directions to pay remaining dues to the staff and seek reimbursement from DSGMC. The Court emphasized compliance with legal procedures for school closures and upheld the High Court's directions for the benefit of the affected staff.

← Previous Next →